General Terms and Conditions for Handsfree-Dooropeners.com
Handsfree-Dooropeners.com a trade name of Netstar.
Hands Free Door Opener, a trade name of Netstar.
Located and office in:
2011 CJ Haarlem
Hereinafter referred to as 'user'.
Article 1. Definitions
In these general terms and conditions the following terms have the following meanings:
'user': the user of the general terms and conditions;
'company': a client who acts in the course of a business or profession;
'buyer': business user or reseller
Article 2. Applicability of these conditions
- These conditions apply to every offer and every agreement between the user and the company to which the user has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
- The present conditions also apply to agreements with the user, for the implementation of which third parties must be involved.
Article 3. Offers
- All offers made by the user will be kept for a maximum period of 30 days.
- Contrary to the provisions of article 6: 225 paragraph 2 of the Dutch Civil Code, the user is not bound by deviations from the user's offer that are accepted by the potential buyer.
- Delivery times stated in offers made by the user and other terms stated for the services to be performed by the user are global and only informative; exceeding this does not entitle the potential buyer to compensation or dissolution.
- Unless otherwise stated, prices quoted by the user are based on performance in normal working hours and exclude transport, packaging, delivery and installation costs, VAT and other government levies.
- With a composite quotation, there is no obligation for us to deliver part of the goods included in the offer at and in accordance with part of the stated price, nor does our offer automatically apply to repeat orders.
- The user is only bound by its offer if the acceptance thereof is confirmed in writing by the potential buyer within 30 days. The prices mentioned are exclusive of VAT, unless stated otherwise.
Article 4. Delivery
- Unless otherwise agreed, delivery takes place ex user's office / warehouse in Haarlem.
- The buyer is obliged to purchase the purchased items at the time when they are delivered to him or at the time when they are made available to him in accordance with the agreement.
- If the buyer refuses to take delivery or is negligent with the provision of be stored at the risk of the buyer. In that case, the buyer will owe all additional costs, including in any case storage costs. Here we charge at least 10% of the purchase amount, depending on the state of delivery of the goods.
Article 5. Delivery time
- The delivery times specified by the user are approximate and are not deadlines.
- In the event of late delivery, the buyer must declare the user to be in default in writing and to give the user a reasonable term to still fulfill its obligations.
- The delivery time specified by the user only commences after all the necessary information is in its possession.
Article 6. Partial delivery
The user is allowed 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 user is authorized to invoice each part separately.
Article 7 Technical requirements etc.
- If the items to be delivered in the Netherlands must be used outside the Netherlands, the user is responsible for ensuring that the items to be delivered meet the technical requirements or standards set by laws or regulations of the country where the items are to be used, but only if the conclusion of the purchase of the use abroad has been explicitly stated in writing.
- All other technical requirements that are set by the buyer for the goods to be delivered and that deviate from the normally applicable requirements, must be explicitly reported by the buyer when concluding the purchase agreement.
Article 8 Technical requirements etc.
An agreement between the user and a buyer can be dissolved immediately in the following cases:
- If after the conclusion of the agreement circumstances come to the user's knowledge that give the user good grounds to fear that the buyer will not meet his obligations;
- If the user has asked the buyer at the conclusion of the agreement to provide security for the fulfillment and this security is not provided or is insufficient despite summons.
- In the aforementioned cases, the user is authorized to suspend the further execution of the agreement or to dissolve the agreement, all this without prejudice to the user's right to claim compensation.
- If circumstances arise with regard to persons and / or materials that the user uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so objectionable and / or disproportionately expensive. , that compliance with the agreement can no longer reasonably be required, the user is entitled to dissolve the agreement.
- A consumer may terminate the contract free of charge and without notice if delivery is not made within 30 days.
- If none of the above reasons apply, the sale cannot be dissolved other than by paying a 10% cancellation fee.
Article 9. Guarantee
- All deliveries are made under the standard warranty of the manufacturer (Please inquire about warranty coverage at the time of your purchase).
- The warranty does not apply if damage is the result of improper handling or incorrect follow-up of instructions.
- If the warranty concerns a product that has been produced by a third party, the warranty is limited to the warranty given by that producer for that product.
- By default, only hardware is supplied. So without software unless clearly stated otherwise on the invoice. If software is included, the user is not liable for this and does not provide any warranty.
Article 10. Retention of title
- Ownership of all goods sold and delivered by the user to the buyer remains with the user as long as the buyer has not paid the user's claims under the agreement or earlier or later similar agreements, as long as the buyer has performed the work performed or yet to be performed from this or similar agreements have not yet been paid and as long as the customer has not yet paid the user's claims for failure to comply with such obligations, including claims in respect of fines, interest and costs, as referred to in Section 3:92 BW.
- Items delivered by the user, which fall under the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations and may never be used as a means of payment.
- The buyer is not authorized to pledge the goods that fall under the retention of title or to encumber them in any other way.
- The purchaser already gives unconditional and irrevocable permission to the user or to a third party to be designated by it, in all cases in which the user wishes to exercise its property rights, to enter all those places where the user's property will then be located and those goods there to bring along.
- If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the user of this as soon as can reasonably be expected.
- The buyer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on first request.
Article 11. Defects; complaint terms
The buyer must examine the purchased items upon delivery or as soon as possible afterwards. The buyer must check whether the delivered goods meet the agreement, namely:
- Whether the delivered goods correspond with what has been agreed in terms of quantity;
- Whether the delivered goods meet the agreed quality requirements or, if these are missing, the requirements that may be set for normal use and / or commercial purposes.
- If visible defects or shortages are found, the buyer must report these to the user in writing within 3 days of delivery.
- Invisible defects must be reported by the buyer in writing within 8 days of discovery.
- Even if the other party complains in time, its obligation to pay and take orders made will remain.
- Items can only be returned to the user after prior written permission.
- All communication about defects etc. must be reported in writing and by registered mail.
Article 12. Returns
- The buyer has the right to return the received goods to the user, without giving any reason, 7 working days after receipt, under the following conditions:
- The return must always be notified in advance by email.
- The returned items must be explicitly returned unused in the original, undamaged and unopened packaging. You bear the costs of the return shipment yourself.
Any amounts already paid will be refunded to you within a maximum of 30 days.
- Products specially assembled for you or products specially ordered for you cannot be returned.
Only the consumer enjoys protection, companies, or natural persons acting on behalf of a profession or company, cannot derive any rights from the distance selling law.
Article 13. Price / Price increase
Unless expressly stated otherwise, the prices issued by us apply:
- In Euros
- Exclusive of VAT
- Based on minimum quantities used by the user
- Excluding transportation costs
- Ex warehouse
- If the user agrees with the buyer and a certain price, the user is nevertheless entitled to increase the price if the user can demonstrate that significant price changes have occurred between the moment of offer and delivery with regard to raw materials, currency and / or wages or otherwise not- foreseen circumstances.
- If the price increase exceeds 10%, the buyer has the right to terminate the agreement.
Article 14. Payment
- Payment must be made within 14 days of the invoice date in a manner to be indicated by the user in the currency in which the invoice was made.
- After the expiry of 14 days after the invoice date, the buyer is in default by operation of law; from the moment of default on the due amount, the buyer owes interest of 1% per month unless the statutory interest is higher, in which case the statutory interest applies.
- In case of liquidation, bankruptcy or suspension of payment of the buyer, the claim of the user and the obligations of the buyer towards the user will be immediately due and payable.
- Payment must be made without discount or setoff.
- Payments made by the purchaser always serve to settle, in the first place, all interest and costs owed, and secondly, due and payable invoices that have been open the longest, even if the purchaser states that the payment relates to a later invoice.
Article 15. Collection costs
If the buyer is in default or fails to fulfill one or more of his obligations, all judicial and extrajudicial costs to obtain payment will be borne by the buyer. In any case, the buyer owes:
- On the first 3,000.00 euros 15%
- On the excess up to 6,000.00 euros 10%
- On the excess up to 15,000.00 euros 8%
- About the excess 3%
- If the user proves to have incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.
Article 16. Liability
The user is only liable to the buyer in the following manner:
- For damage as a result of defects in delivered goods, only the liability as regulated in these conditions applies.
- The user is only liable if damage is caused by intent or gross negligence of the user or its subordinates.
- The user's liability is limited to the amount of the payment to be made by the user's insurer in this case.
- If in any case the insurance does not provide cover or does not pay out, and the user is liable, the user's liability is limited to twice the invoice value of the transaction, even if that part of the transaction to which the liability relates.
- The User does its utmost to provide the correct information at all times; however errors may occur and unfortunately we can only provide the information that we ourselves have been supplied by the manufacturer. Should an error occur, the user cannot be held liable for any resulting circumstances, with the exception of rectification of the error in question.
Article 17. Force majeure
- In these general terms and conditions, force majeure means, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or not foreseen, over which the user cannot exert influence, but as a result of which the user is unable to fulfill its obligations, including strikes in the user's company.
- During force majeure, delivery and other obligations of the user are suspended. If the period in which performance of the obligations by the user is not possible due to force majeure is longer than 2 months, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
- If, upon commencement of the force majeure, the user has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 18. Product text, images and specifications
All images; photos, drawings etc .; information about weights, dimensions, colors, labels, etc. on the user's internet site is approximate only, is indicative and cannot lead to compensation or dissolution of the agreement.
Article 19. Dispute resolution
The judge in the place of residence of the user has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user has the right to summon its counterparty before the competent court according to the law.
Article 20. Applicable law
Dutch law applies to every agreement between user and buyer. The Vienna Sales Convention is expressly excluded.
Article 21. Change and location of the conditions
These conditions have been filed at the office of the Chamber of Commerce in Haarlem.
The most recently filed version or the version that applied at the time of the conclusion of the present transaction is always applicable.
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