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Terms and conditions for delivery and payment of the Supplier - Tear Solutions v.o.f.
The Supplier is based in Zevenaar, Voltastraat 29-3a, 6902 PT, The Netherlands. These general terms and conditions are filed at the Chamber of Commerce in Arnhem - The Netherlands.
Article 1: Agreements and offers
1.1 All offers are non-committal, except to the extent that the supplier has defined otherwise in writing.
1.2 Agreements between the supplier and customers occur only in the following matter;
- A written agreement drawn up by the supplier, signed both by the supplier and the customer.
- Written acceptances by the customer on a written proposal drawn up by the supplier.
- Written commitments from the supplier towards the agreements made with the customer.
1.4 When not competent employees of the supplier give oral or written commitments to customers, these are only mandatory when they are also drawn up by a representative employee, subscribed by the dutch Chamber of Commerce.
Article 2: Prices
2.1 All prices given by the supplier indicate whether VAT, packaging costs, insurance costs, transport costs and charges levied by the government are included or not.
2.2 When, after the agreement concerning the sales price, certain price determining factors undergo an increase, regardless whether this was predictable at the time of agreement, the supplier is entitled to increase the offered or agreed price. The increased sales price shall, however, not extend 10% or more of the offered or agreed price.
2.3 When the supplier increases the price within 3 months after the agreement, the customer has the right to cancel the agreement on the basis of the increased price.
Article 3: Delivery
3.1 Delivery times stated by the supplier shouldn't be regarded as final deadlines, except when the supplier has agreed in writing.
3.2 With regard to the delivery times, objects are concerned to be delivered, when they are ready to be shipped from the warehouse. When parties agreed to shipment by the supplier, the actual delivery will take place at the moment the goods have arrived at customer's address.
3.3 Delivery times are based on the applicable working conditions at the time of agreement.
3.4 The supplier is not responsable in case delivery times are exceeded. The customer also has no right to cancel the agreement or to suspend its own commitments under the agreement.3.5 When, after a written demand by the supplier, the customer fails to cooperate in acceptance of the delivery, the supplier is entitled to deliver on a suitebale time and address choosen by the supplier. Either the agreement or the unfulfilled portion of the agreement is dissolved between parties.Without prejudice to the supplier's right to compensation in the broadest sense.
Article 4: Transition of risk
4.1 At the time of delivery, as subscribed in article 3.1, the customer bears the risk for the purchased items.
4.2 The supplier shall not be liable for goods which are damaged during transport or after receipt by the customer.
Article 5: Transfer of ownership and retention of title
5.1 Until the customer has fully paid for the agreed price, the supplier retains ownership of the sold goods.
5.2 In case of a circumstance as referred to in Article 5.1, the supplier is entitled, without notice of default, to collect the goods that have remained the property of ths supplier. After retrieving the goods, the supplier has the right to keep the goods in it's possession until the customers has fullfilled it's payment obligation without prejudice, including interest, costs and compensation.
Article 6: Complaints and Returns
6.1 If you want to return a product then you invoke the right of withdrawal. You have the right to withdraw your order within 14 days after receipt, without giving any reason for cancellation.
6.2 Within 14 days after delievry the buyer has the right of another withdrawal. The buyer gets the full invoice amount and the cost of returning refunded.
6.3 If you invoke the right of withdrawal, you must return the product in original sealed packaging back to us. Opened packages or damaged products are not accepted.
6.4 To exercise this right, you can make a request for revocation by sending an email to info@tear-solution.com before the withdrawal period has expired. We will then refund the invoice amount within 7 working days after notification of your withdrawal.
6.5 The following products are excluded from the right of withdrawal, products:
- Which have been established according to personal specifications;
- That are solely personal in nature;
- That can not be returned due to their nature.
6.6 We recommend that you first submit complaints to us by emailing to info@multi-solution-tape.com. Your complaint will be answered by Van der Kamp Multi Products within 7 days of receipt. If your complaint is justified, we will replace the product free of charge. Should this not lead to a satisfying solution, it is possible to sign up for dispute mediation by Foundation Webwinkelkeur in The Netherlands. Since February 15th 2016 it is, for EU consumers, possible to notify complaints through the ODR platform by the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. You are free to file your complaint using this EU platform.
Article 7: Payment
7.1 Payments by the customer must be made, at the discretion of the supplir within fourteen days after date of invoice on a bank account desginated by the supplier.
7.2 The supplier is, at any time, entitled to demand full or partial prepayment and suspend delivery until receipt of the amount concerned.
7.3 The customer has no right to settle alleged claims by deducting amounts from suppliers' assets.
7.4 In the event of late payment the consumer is, without further notice, required to pay 1% interest per month, where a part of a month counts as a whole month.
7.5 The costs of extrajudicial collection are fully borne by the consumer. The extrajudicial costs are calculated at 10% of the total sum, including VAT, with a minimum of Euro 500.00.
Article 8: Force majeure
8.1 The supplier is entitled to suspend the execution of an agreement for the duration of the impediment to a maximum of six months, to the extent that it is prevented from fulfilling its obligations towards the consumer due to an external cause, not caused by the supplier.
8.2 If the supplier is, by circumstances as stated in Article 8.1, permanently unable to meet its obligations, each party is entitled to terminate the agreement in respect of the part of the contract which has not yet been implemented at that time.
8.3 The conditions as set out in Article 8.1 include breakdowns, lack of materials, strikes, government measures, third party delays, fire, water damage or failing power supply.
Article 9: Warranty
9.1 The supplier warrants, under normal circumstances, the proper functioning of the product. This means that any goods supplied by the supplier will be repaired or exchanged free of charge to the extent that the customer proves within ten days after receipt, in the sense of Art. 3.2, that defects arise and are the direct result of inaccuracy in the materials used.
9.2 The supplier is not obliged to any warranty obligation towards the customer provided that the customer has, during the warranty period, carried out repairs or changes to the delivered goods without the written consent of the supplier.
9.3 The supplier only grants a warranty to the customer himself, not to third parties.
9.4 If the customer ask for guarantee, the supplier'ss warranty obligation shall not extend the guarantee derived from the manufacturer / importer of the supplier itself.
Article 10: Liability
10.1 the supplier is not liable for damages unto customers or third parties in connection with goods delivered by the supplier, unless the damage is caused by gross negligence of the supplier.
10.2 In addition to article 10.1, the liability of the supplier is limited to fulfillment of the warranty terms and provisions. All further liability, on any grounds whatsoever, including compensation for consequential damage is excluded.
10.3 Not eligible for compensation is recoverable loss, injury, damage due to business interruption, loss of income, damage caused by the carrier and damage caused by third parties engaged by the supplier.
10.4 To the extent that a customer suffers damage through a matter provided by the supplier, for a purpose other than that for which the matter is destined, the supplier can never be liable.
10.5 The customer indemnifies the supplier for any claims from third parties, including but not limited to (legal) persons to whom the consumer has resold the goods.
10.6 The supplier stipulates that all of the above limitations of liability and indemnification obligations also apply to supplier's employees.
Article 11: Communication through e-commerce
11.1 All communication between parties can take place electronically, except terms and conditions and/or the agreement and/or the law determines otherwise.
11.2 By the supplier saved versions of the communication serves as proof thereof, subject to proof by the customer.
11.3 Electronic communications through the supplier is deemed to be received, unless the contrary is proved by the purchaser thereof. If the communication has not been received as a result of delivery and/or accessibility problems related to the mailbox of the customer, this is the risk of the consumer, even if the e-mail box is located at a third party server.
Article 12: Duty of disclosure for contracts over the internet
12.1 The supplier ensures that the terms and conditions, before or at the conclusion of an agreement through internet, are accessible for the customer.
12.2 Without prejudice to any supplier's legal obligations to save agreements and/or general conditions, the supplier is not obliged to keep any archived agreement and/or the terms and conditions for customer access.
12.3 The supplier provides the following information on the website:
- name, address and registration with the Chamber of Commerce;
- the main features of products and services
- the prices, including all taxes
- the method of delivery and payment
- costs of delivery
- the address where the consumer can file a complaint
Article 13: Privacy by contract through e-commerce
13.1 The customer shall be deemed to have read the privacy policy of the supplier and agree to the processing described therein of personal data.
13.2 The Customer is aware that the supplier processes the personal data of the customer and stores this information in a database that is used for the execution of the agreement, including measures to improve the service to the customer and provide information or offers to the customer.
13.3 The consumer may ask the supplier to correct or remove the colected information from suplier's data system.
Article 14: Applicable law and choice of forum
14.1 On all offers of agreement with the supplier and all the resulting disputes, only Dutch law is applicable. Vienna Sales Convention and the rights of other states are excluded.
14.2 Disputes between customers and the supplier will initially be resolved amicably by the parties. To the extent that a dispute cannot be resolved amicably, it will be submitted to the District Court of Arnhem, unless a dispute belongs to the Court’s jurisdiction district division. As far as the Court has jurisdiction, the district division rules on the territorial jurisdiction are in accordance with the code of civil procedure.
Article 15: Terms and conditions
15.1 These terms and conditions apply to all offers and agreements with the supplier.
15.2 When one or more articles or components of these articles of these terms and conditions prove to be null and void or are destroyed, the other articles and their components are still valid.
15.3 The customer realizes that the supplier features brands. The customer has the right to use these brands when the supplier has brought the articles whereon the brands are portrayed in circulation.
Tear Solutions v.o.f.
Voltastraat 29-3a
6902 PT Zevenaar
The Netherlands
info@tear-solution.com
Chamber of Commerce registration number: 73476595