General terms and conditions
Webshop General Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. We also recommend that you save or print these terms and conditions so that you can refer back to them at a later time.
Definitions
Handelsonderneming SVH: established in Zeddam and registered with the Chamber of Commerce under registration number 92824870, trading under the name Handelsonderneming SVH.
Website: the website of Handelsonderneming SVH, accessible via www.biminitopkopen.nl and all associated subdomains.
Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Handelsonderneming SVH and/or has registered on the Website.
Agreement: any arrangement or contract between Handelsonderneming SVH and the Customer, of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the present General Terms and Conditions. Applicability of General Terms and Conditions
The General Terms and Conditions apply to all offers, Agreements, and deliveries of Handelsonderneming SVH, unless expressly agreed otherwise in writing.
If the Customer includes provisions or conditions in its order, confirmation, or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these shall only be binding on Handelsonderneming SVH if and to the extent that they have been expressly accepted in writing by Handelsonderneming SVH.
In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions shall also apply, but in the event of conflicting conditions, the Customer may always invoke the applicable provision that is most favorable to him.
Prices and Information
All prices stated on the Website and in other materials originating from Handelsonderneming SVH include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
If shipping costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process. The content of the Website has been compiled with the utmost care. However, Handelsonderneming SVH cannot guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and in other materials originating from Handelsonderneming SVH are therefore subject to obvious programming and typographical errors.
Handelsonderneming SVH cannot be held responsible for (color) deviations resulting from screen quality.
Formation of the Agreement
The Agreement is formed at the moment of acceptance by the Customer of the offer from Handelsonderneming SVH and compliance with the conditions set by Handelsonderneming SVH in this regard.
If the Customer has accepted the offer electronically, Handelsonderneming SVH shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
If it appears that incorrect information was provided by the Customer upon acceptance or otherwise entering into the Agreement, Handelsonderneming SVH has the right to only fulfill its obligation after the correct information has been received.
Handelsonderneming SVH may, within legal frameworks, ascertain whether the Customer can meet its payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the Agreement. If, based on this investigation, Handelsonderneming SVH has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with justification, or to attach special conditions to the execution, such as prepayment. Registration
To make optimal use of the Website, the Customer may register via the registration form/account sign-up option on the Website.
During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is solely responsible for choosing a sufficiently secure password.
The Customer must keep his login details, username, and password strictly confidential. Handelsonderneming SVH is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is indeed that Customer. Everything that happens via the Customer's account falls under the responsibility and risk of the Customer.
If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Handelsonderneming SVH thereof, so that Handelsonderneming SVH can take appropriate measures.
Execution of Agreement
As soon as the order has been received by Handelsonderneming SVH, Handelsonderneming SVH will send the products as soon as possible, taking into account the provisions set out in paragraph 3 of this Article.
Handelsonderneming SVH is entitled to engage third parties in the performance of the obligations arising from the Agreement.
The Website clearly describes, in a timely manner prior to the conclusion of the Agreement, the manner in which delivery will take place and the period within which the products will be delivered. If no delivery period has been agreed upon or stated, products will in any event be delivered within 30 days.
If Handelsonderneming SVH is unable to deliver the products within the agreed period, it will notify the Customer accordingly. In that case, the Customer may agree to a new delivery date or be given the option to terminate the Agreement free of charge.
Handelsonderneming SVH advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See the Article regarding warranty and conformity for further details. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. Unless expressly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
Handelsonderneming SVH is entitled to supply a similar product of similar quality to the ordered product if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
Right of withdrawal
This article applies only to the Customer being a natural person who is not acting in the exercise of his profession or business.
The Customer has the right to dissolve the distance contract concluded with Handelsonderneming SVH free of charge within 14 days after receipt of the product, without giving reasons.
The period commences on the day after the Customer, or a third party designated by him in advance who is not the carrier, has received the product, or:
if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
in the case of Agreements for the regular delivery of products over a certain period: the day on which the Customer, or a third party designated by him, received the first product.
The Customer must bear the return costs himself; if these costs exceed the standard postal rate, Handelsonderneming SVH will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the costs for the return and remain at the Customer's own expense.
Within the withdrawal period referred to in paragraph 1, the Customer shall handle the product and the packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store. The Customer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in the previous paragraph.
The Customer may dissolve the Agreement within the period specified in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Handelsonderneming SVH, or by otherwise unambiguously notifying Handelsonderneming SVH that he is withdrawing from the purchase. In the event of a digital notification, Handelsonderneming SVH will confirm receipt of that notification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed.
Products can be returned to:
Handelsonderneming SVH
Vinkwijk 1
7038EM, Zeddam
Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after the dissolution of the Agreement, in the same manner as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Handelsonderneming SVH is not required to refund the additional costs for the more expensive method. Unless Handelsonderneming SVH offers to collect the product itself, Handelsonderneming SVH may wait with the refund until Handelsonderneming SVH has received the product or until the Customer demonstrates that he has returned the product, whichever occurs first.
Information regarding the applicability of the right of withdrawal and any desired procedure is clearly stated on the Website in a timely manner prior to the conclusion of the Agreement.
The right of withdrawal does not apply to:
Products manufactured by the entrepreneur in accordance with the Customer's specifications;
Payment
The Customer must make payments to Handelsonderneming SVH in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. Handelsonderneming SVH is free to choose which payment methods to offer, and these may change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days commencing on the day after delivery.
If the Customer fails to meet his payment obligation(s) in a timely manner, after having been notified by Handelsonderneming SVH of the late payment and Handelsonderneming SVH having granted the Customer a period of 14 days to still fulfill his payment obligations, and after failure to pay within this 14-day period, the Customer owes statutory interest on the outstanding amount and Handelsonderneming SVH is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500.00; 10% on the subsequent €2,500 and 5% on the next €5,000, with a minimum of €40. Handelsonderneming SVH may deviate from the said amounts and percentages to the benefit of the Customer.
Warranty and Conformity
This article applies only if the Customer is not acting in the exercise of his profession or business. If Handelsonderneming SVH provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the foregoing.
Handelsonderneming SVH guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Handelsonderneming SVH also guarantees that the product is suitable for use other than normal use.
A warranty provided by Handelsonderneming SVH, the manufacturer, or the importer does not detract from the statutory rights and claims that the Customer already has and can invoke under the Agreement.
If the delivered product does not conform to the Agreement, the Customer must notify Handelsonderneming SVH thereof within a reasonable period after discovering the defect. If Handelsonderneming SVH deems the complaint justified, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. The maximum reimbursement, taking into account the Article regarding liability, is equal to the price paid by the Customer for the product.
Warranty for business purchases
Handelsonderneming SVH guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed upon, Handelsonderneming SVH also guarantees that the product is suitable for use other than normal use. Otherwise, the product is deemed suitable for normal use.
If the delivered product does not conform to the Agreement upon delivery, the Customer must notify Handelsonderneming SVH thereof within a reasonable period after discovering the defect.
If Handelsonderneming SVH deems the complaint justified, the relevant products will be repaired, replaced, or (partially) reimbursed after consultation with the Customer.
Complaints Procedure
It is always possible that something does not go entirely as planned. We advise you to first make complaints known to us by emailing [email protected]. If this does not lead to a solution, it is possible to register your dispute for mediation via WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. Furthermore, consumers in the EU can also register complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.
Liability
This Article applies only if the Customer is a natural person or legal entity acting in the exercise of their profession or business. The total liability of Handelsonderneming SVH towards the Customer for attributable failure to perform the Agreement is limited to compensation of a maximum amount equal to the price agreed upon for that Agreement (including VAT).
Liability of Handelsonderneming SVH towards the Customer for indirect damage, including in any event – but expressly not exclusively – consequential damage, lost profits, lost savings, loss of data, and damage due to business interruption, is excluded.
Except in the cases mentioned in the previous two paragraphs of this Article, Handelsonderneming SVH shall have no liability whatsoever towards the Customer for compensation, regardless of the grounds on which a claim for compensation would be based. However, the limitations mentioned in this Article shall cease to apply if and to the extent that the damage is the result of intent or gross negligence on the part of Handelsonderneming SVH. The liability of Handelsonderneming SVH towards the Customer for an attributable failure to perform an Agreement arises only if the Customer immediately and properly notifies Handelsonderneming SVH in writing of the default, setting a reasonable period for remedying the defect, and Handelsonderneming SVH continues to fail to perform its obligations even after that period. The notice of default must contain as detailed a description of the defect as possible, so that Handelsonderneming SVH is able to respond adequately.
A condition for the existence of any right to compensation is always that the Customer reports the damage to Handelsonderneming SVH in writing as soon as possible, but no later than within 30 days after it occurred.
In the event of force majeure, Handelsonderneming SVH is not obliged to compensate for any damage incurred by the Customer as a result thereof.
Retention of Title Business Purchases
All delivered goods remain the property of Handelsonderneming SVH until all claims Handelsonderneming SVH has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
Prior to said transfer of title, the Business Customer is not authorized to sell, deliver, or otherwise dispose of these goods other than in accordance with its normal business and the normal intended use of the goods. In addition, the Business Customer is not permitted to pledge these goods or grant any other right thereto to third parties as long as ownership of these goods has not passed to the Business Customer.
The Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of Handelsonderneming SVH.
Handelsonderneming SVH is entitled to repossess the goods delivered under retention of title that are still in the possession of the buyer if the Business Customer fails to ensure timely payment of the invoices or is in or threatens to be in financial difficulties. The Business Customer shall at all times grant Handelsonderneming SVH free access to its premises for the inspection thereof and/or for the exercise of Handelsonderneming SVH's rights.
Personal Data
Handelsonderneming SVH processes the Customer's personal data in accordance with the privacy statement published on the Website.
Final Provisions
The Agreement is governed by Dutch law.
Unless otherwise prescribed by rules of mandatory law, all disputes arising from the Agreement shall be submitted to the competent Dutch court in the district where Handelsonderneming SVH is established.
If a provision in these General Terms and Conditions proves to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties shall establish new provision(s) to replace it, thereby giving effect to the intent of the original provision as far as legally possible.
In these General Terms and Conditions, "written" is also understood to include communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact Details
Should you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.
Handelsonderneming SVH
Vinkwijk 1
7038EM, Zeddam
Telephone: 0642663254
Email: [email protected]
Chamber of Commerce number: 92824870
VAT number: NL004980474B89