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| General Conditions of Verbunt Hockey BV |
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Consumer
Article 1: Definitions
1.1.In these general conditions the following terms have the following meanings, unless otherwise indicated.
User: Verbunt Hockey BV., hereinafter called: Verbunt Hockey, the user of these general conditions.
Consumer: The opposite party, and such individual is not acting in the exercise of profession or business.
Agreement: The agreement between the user and consumer.
Article 2: Applicability
2.1. These conditions apply to all legal relationships between users and consumers, including any offer, tender and agreement between user and consumer of these conditions apply to which user has declared, if these conditions are not parties expressly and in writing.
2.2. These conditions also apply to all agreements with user, the implementation of which third parties should be involved
2.3. Any exceptions to these general conditions are valid only if expressly agreed in writing.
2.4. If one or more provisions of these terms and conditions are ineffective or destroyed should be the remaining provisions of these general terms and conditions apply. Users and consumers will then discuss new rules to replace the void or nullified provisions to be agreed, if and where it is the goal and intent of the original conditions shall be taken.
Article 3: Offers and contract conclusion
3.1. Any offer made by the user is binding, unless in connection with the tender period for acceptance is expressly mentioned.
3.2. The prices provided in offers / bids are inclusive of VAT and other government levies, as well as possible under the agreement to cost, including shipping and handling, unless otherwise agreed.
3.3. The offer is based solely on information provided by the purpose, which users may rely on the accuracy and completeness. Consumer is responsible for the accuracy and completeness of such information.
3.4. The agreement between the user and consumer is established on one of the following methods and times:
a) or, if no order confirmation is sent, at the time a user made by offering consumers express orally or in writing and no change is accepted;
b) or, if an order confirmation is sent, at the time when the user sent to consumers and for this agreement signed engagement letter has returned;
c) or, if the consumer provided by contract or not preceded by a range of users, at the time when the user with the performance of the contract has begun.
It is each of the parties nevertheless free to prove that the agreement in a different manner and / or at another time has come.
Article 4: Implementation of the Agreement
4.1. User will contract with the care of a good contractor perform. It is not for achieving a certain result.
4.2. The user-specified periods and deadlines are not always focus as deadlines. Exceeding these limits requires user to any damages.
4.3. In case of late delivery of default user should be required from consumers, failure to get in before.
4.4. If and to the extent proper execution of the contract demands, user has the right to have certain work done by third parties.
4.5. The consumer shall ensure that all data which user has said to be necessary or which the consumer reasonably understand to be necessary for the execution of the agreement, users are provided with timely. If the implementation of the agreement required data will not be provided to user, the user has the right implementation of the agreement to suspend and / or additional costs resulting from the delay with the appropriate rates to charge consumers.
Article 5: Delivery
5.1. Delivery is ex works / store / warehouse of user.
5.2. Consumer Affairs is obliged to take the time user delivers them to him or them delivered, or at the time they have him under the contract are made available.
5.3. If consumer refuses or fails to provide information or instructions necessary for the delivery, the business user is entitled to save the expense and risk to consumers.
5.4. The transportation of the property is at the expense of the user, with the following exceptions:
- For orders less than ? 85, - including VAT where payment is done by credit card, I-deal or payment in advance, a flat transportation rate of ? 7, - including VAT;
Packaging of an exceptionally large transport, or shipments from abroad, will be borne by consumers. Unless expressly agreed otherwise in writing.
5.5. The risk of things going on to consumers at the time such consumers to legally and / or actually delivered and thus the power of consumers or by consumers to be certified third.
5.6 exceeded the maximum delivery of thirty (30) days consumers have the right to terminate the contract without charge. This is a consumer e-mail, fax or letter to send to users. Any payments should take place within 30 days after notification to consumers returned.
Article 6: Price and cost
6.1. The price includes VAT and under the contract expenses.
6.2. User is entitled to raise that price, if such amendment or supplement to the agreement. Place shall increase within three months after the conclusion of the agreement, then the consumer is empowered to dissolve the agreement.
6.3. Furthermore, the user is entitled to pass on price increases if the time between offer and supply rates on such wages or other costs have risen. Place shall increase within three months after the conclusion of the agreement, then the consumer is empowered to dissolve the agreement.
Article 7: Payment
7.1. Payment must be made:
- Per pin
- A cash per cash
- Credit card
- By I-deal
- Advance payment by
or by invoice, provided expressly in writing and has agreed to users. When paying by payment of an invoice is 14 days after invoice date.
7.2. If the consumer fails to pay within the period of 14 days then the consumer is legally in default. Consumer is then an interest of 1.5% per month, unless the statutory interest rate is higher in which case the obligations. The interest on the amount due will be calculated from the time that consumers in default until the moment of payment of the full amount, whereby a portion of one months is counted as full months.
7.3. In the event of liquidation, bankruptcy, seizure or receivership of the consumer are the claims upon the consumer due immediately.
7.4. User shall be entitled to payments made by consumers to stretch in the first place to reduce the costs, then against the interest still due and finally to reduce the principal and accrued interest. User can, without being in default, to refuse an offer of payment if the consumer a different sequence of attribution. User can refuse full payment of the principal, if this does not include the vacant and accrued interest and the costs are met.
7.5. User in case of excess payment of any further deliveries to consumers entitled to stop until the full outstanding amount of all agreements concluded with user fully met. User is also entitled in this case, following only cash on send.
Article 8: Retention
8.1. All goods delivered by user consumers remain user?s property until all obligations under all agreements concluded with user fully complied, at the discretion of the user.
8.2. Consumer shall not be authorized under the retention falling to pledge or otherwise encumber.
8.3. If third parties seize goods delivered under reservation of ownership or right to them to establish or exercise is required consumer users as soon as may be reasonably expected them to know.
8.4. Consumer obliged under reservation of title to insure and keep insured against fire, explosion - and water as well as theft and the policy of this insurance on first request for inspection.
8.5. In the event that user in the present article wishes to exercise property rights, the consumer has now unconditional and irrevocable permission to the user or to appoint third parties to enter all the places where user?s property are located and these goods retrieval.
Article 9: Collection Charges
9.1. All reasonable user in connection with the non-performance or late performance by the consumer of his judicial and extrajudicial payment (collection) costs are borne by consumers.
9.2. Consumer is the collection charges of statutory interest.
Article 10: Research & Complaints
10.1. Complaints should reach the consumer within 14 days after written discovery to be reported to users. The complaint letter must give as detailed a description as possible of the complaint, so that user is able to respond adequately.
10.2. Where a complaint is authorized user of your choice or the invoice amount to adjust either the product or service re-supply / provide, or a portion of the price already paid be refunded.
Article 11: Expiration time
11.1. Without prejudice to Article 10, the consumer shall, if it considers whether to continue the user agreement on time, not fully or properly carried out, so, unless already under the provisions of Article 10.1 has happened - writing user promptly communicate and the ensuing claims within two years of the date of this notification, or within two years after such notice ought to be done, legally enforcing them, failing which all rights and claims relating to expire by the end of the aforementioned period.
Article 12: Suspension and dissolution
12.1. If consumers do not, not properly or timely comply with any obligation towards user, if consumers in bankruptcy is declared or an application to the court was made when the consumer has requested suspension of payment to him whether it was granted, if the consumer business is closed down or liquidated, if attachment of consumer affairs is laid, or if consumers in receivership or administration, becoming the user has the right to fulfill all its obligations to consumers or to suspend the contract with consumers, without notice or judicial intervention and without any compensation for himself, wholly or partially dissolve, and this without prejudice to the rights of other users, including damages.
Article 13: Liability
13.1. If the user should be liable, then this liability is limited to the stipulations is regulated.
13.2 The user?s liability for damages from consumers, which is caused by late, incomplete or improper implementation of the agreement is limited to the (invoice) amount, that user to the consumer charged for the delivered business and / or to carry out the work which the cause of the injury is located. Any user on the consumer?s damages, however, exceed the amount which the liability of users is covered by policy. The foregoing is suffering except in cases of intent or equivalent gross carelessness of users. Among users in this and the following provisions of this Article be understood by him and any workers in the performance of the contract involved third parties.
13.3. User shall not be liable for damages, which is caused by the consumer has not fulfilled its obligation information arising from Article 3.3, unless this damage is partly caused by intent or are similar to gross carelessness of users.
13.4 User shall also be competent at the loss of consumers to minimize or repair, which all consumers will cooperate.
13.5. User shall not be liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business stagnation. The above suffer except in cases of intent or equivalent gross carelessness of users.
Article 14: Force majeure
14.1. Parties are not obliged to fulfill any obligation, so if they are hindered due to a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted in their account.
14.2. Force majeure The notice in addition to its connotations in the law and jurisprudence, all external causes, foreseen or unforeseen, which user can not influence but which prevents the user is unable to respond adequately . Strikes in the company including user.
14.3. In case of force majeure, no party can claim any compensation.
14.4. In case of force majeure, an arrangement made by parties concerned to implement the agreement.
14.5. Should force majeure lead to exceeding the agreed date or period, the other party, notwithstanding paragraph 4, the right to terminate the agreement by a written statement. This decomposition does not extend to cases which had been delivered.
Article 15: Applicable law and disputes
15.1 The court in the location of users has exclusive jurisdiction to hear disputes, unless mandatory provisions of law otherwise.
15.2. All legal relationships between users and consumers which these general conditions apply shall be governed by Dutch law. The Vienna Sales Convention is expressly excluded.
Article 16: Location and explanation
16.1. These conditions are filed at the office of the Chamber of Commerce in Tilburg.
16.2. Case of explanation of the content and scope of these general conditions, the Dutch text will always prevail.
16.3. Always applies the last registered version or the version valid at the time of the conclusion of the agreement.
Article 17: Cooling off Period
1. After the consumer his / her product is received, consumers have the power within seven (7) business days after receiving the product, the underlying agreement to terminate user. Consumer No reason to give.
2. If the consumer contract under Article 17.1 of these conditions wishes to dissolve, should consumer in writing (via e-mail or letter) to notify user. Consumer, the product - after consultation with users - to send a user?s designated return address. This should be done in the original packaging not damaged. The returned product should under no circumstances be worn or used. Consumers should bear the costs and the risk for transmission to bear.
3. If consumers already have made any payments at the time the consumer user agreement pursuant to Article 17.1 and 17.2 of these terms of purchase is revoked, users will these payments within thirty (30) days after the user returned by the consumer product has received to repay consumers . User reserves the right to refuse returned items or for only a portion of the amount already paid to credit where it is suspected that the product has been used or worn or the fault of consumers (other than user or supplier of the product) is damaged.
4. If the product is returned, in the opinion of user who has suffered injury to an act or omission by the customer or otherwise due to the risk of consumers is, user client in writing (via e-mail or letter) notice. User shall be entitled to the depreciation of the product resulting from this damage to the consumer to repay the amount due.
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