SUPPLY AND CONDITIONS FOR CONSUMERS
GENERAL CONDITIONS FOR SUPPLY TO CONSUMERS / CONSUMERS
FROM:
-- WEBTOCO ARTS & ELECTRONICS
established its office 5615SR Eindhoven;
hereinafter referred to as WEBTOCO
Article 1. Definitions
In these terms and conditions shall apply:
'WEBTOCO': Webtoco Arts & Electronics;
'consumer': a defendant who is an individual and not acting in the pursuit of a business or occupation, or a client who is acting in the performance of a business or profession, in his capacity as end-user of the goods delivered;
'consumerpurchase': the sale on a movable thing, which is closed by a seller who acts in the exercise of a profession or business, and a buyer, natural person who is not acting in the exercise of a profession or business.
Article 2. Applicability of these conditions
1. These conditions apply to any offer and any agreement between WEBTOCO and a consumer of these conditions apply WEBTOCO has stated, if these conditions are not parties expressly and in writing.
2. The present conditions are also applicable to contracts with WEBTOCO, for the implementation of which third parties should be involved.
Article 3. Quotes / Order
1. All tenders issued by WEBTOCO be done live up to a maximum period of 14 days.
2. WEBTOCO can not order its bid or be held if the consumer ought to understand that the offer or order or a portion thereof an obvious mistake or error.
3. WEBTOCO is only bound to its bid if the acceptance by the consumer in writing within 14 days. In a bid or order shown prices excluding VAT, unless otherwise indicated.
Article 4. Delivery
1. Unless otherwise agreed, is to supply warehouse WEBTOCO in Eindhoven NL.
2. The consumer is required to provide the items purchased to diminish the moment said he is worried or at the moment said, according to the agreement for its disposal.
3. If the consumer refuses decrease or negligent in providing information or instructions necessary for the delivery, the articles will be stored at the risk of consumers. The consumer will then advance any additional costs, including storage in any case, are due.
4. Delivery of purchases made against Carrier UPS / FEDEX / or such Post / TNT rate. WEBTOCO reserves the right in concluding the agreement such costs to be declared separately. Delivery is done on the delivery-terms of TNT or the carrier on what the supply and return trajekt between WEBTOCO and consumers.
5. The WEBTOCO delivered goods may, unless otherwise expressly stated in the order-confirmation, a deviation in the size of up to plus or minus ten percent of the tender or order mentioned maatvoeringen.Tevens may differ by WEBTOCO goods delivered in colour, implementation and operation by 25% compared with the description in the tender/quote/description.On used goods by WEBTOCO there is no guarantee. A deviation of the delivered goods within the said deviation-tolerances give consumers the right not to accept things are not purchased, nor in any other way to claim any form of compensation or replacement of the goods delivered.
Article 5. Shipping
1. The delivery WEBTOCO declared valid, although approximate and are not mandatory but will the final delivery, except with never more than two weeks.TNT shippingproof as proof off delivery is legal and binding even thow it is not online trackable for every country in the world.
2. Failure to timely delivery, the consumer WEBTOCO notice in writing to establish and WEBTOCO a reasonable time to carry out its obligations still to come.
Article 6. Technical requirements, etc.
If the Netherlands to be supplied outside the Netherlands should be used WEBTOCO is not responsible for the supply meet the technical requirements or standards set by laws or provisions of the country where the cases should be used.WEBTOCO is immune from any damages or injury through the use of products.
Article. 7 Guarantee
1. WEBTOCO ensures that its sales matter as set out in new or new old stock of goods but only to the extent that the Warranty applies. Second-hand goods or used goods there is no guarantee and be exclusively on an "as-is' or 'as-is'Basis.
2. If the guarantee mentioned in paragraph 1 applies and the goods delivered a defect is the WEBTOCO required within 7 days after the consumer him writing the defect has reported the cases to be replaced or the purchase price to return, with the exception of all transport costs, both back and from or back again and excluding all handkingfees, packing and cost of imports such as excise duties, customs clearance, customs duties , vat , tariffs.
3. Things tend to be all locations to be repaired house, all other things will provide at warehouse WEBTOCO for repair by post to be offered. At home repair within the warranty period so in charge, then be in addition to the cost of repair restockingfees are also charged.
4. WEBTOCO may choose to allow which things to replace.
5. Consumers can only replace the business or dissolution of the purchase recovered if the warranty:
-- WEBTOCO to three times a fruitless attempt has done a similar defect to recover and this lack sufficiently serious to justify a replacement or dissolution;
-- If the consumer proves that things so many defects or has shown that it does not conform to the agreement answered and that these defects are replaced or dissolution;
6. The guarantee expires if the consumer injury caused by an improper handling of a guaranteed thing.
Under improper handling include: Installing parts, abuse of parts etc.
7. The consumer must demonstrate that the matter within the warranty period, a defect which this guarantee. The guarantee expires as the serial number or type of a case have been removed or altered.
8. The guarantee starts first, at the time after general and complete payment, according to the bill WEBTOCO took place.
Article 8. Ownership
1. All WEBTOCO delivered goods remain the property of the consumer WEBTOCO until all of his obligations under all WEBTOCO closed sales have been met.
2. By WEBTOCO delivered Affairs, permitted under paragraph 1 under the title, may not be resold and must never be used as payment.
3. The consumer has no power under the title falling to pledge affairs nor in any other manner objections.
4. Consumers already gives unconditional and irrevocable consent to WEBTOCO or to and by its third person to be appointed, in all cases where WEBTOCO seeks to exercise its property rights, all those places in which to enter the property of WEBTOCO are then located and doing business there mee to take.
5. If third parties seize the goods delivered under title or rights to establish or exercise, consumer WEBTOCO as soon as may reasonably be expected to know.
6. The consumer is committed under the title goods delivered to insure and keep insured against fire, explosion and water damage and against theft and the policy of this insurance on the first request to inspect them.
Article 9. Defects; term for complaints
1. Consumers should the items be purchased by delivery - or as soon thereafter as possible - to (leave). Here the consumer to determine whether or not the matter to the agreement, ie:
-- Or the right thing;
-- Whether or not the case meets the agreed quality or - if it exists - the requirements that may be set for normal use.
2. Be a visible lack or weakness detected, then the consumer within 2 days after delivery to WEBTOCO know.
3. A non visible lack the consumer within 1 business day after discovery, but no later than within 1 (one) months after delivery in writing to notify WEBTOCO.
Article 10. Price increase
1. If WEBTOCO with the consumer a certain price matched, then WEBTOCO nevertheless entitled to increase the price.
2. If a price increase takes place during the first three months after the conclusion of the agreement, consumers can dissolve the agreement regardless of the percentage of the increase.
3. If the price increase takes place after three months after the conclusion of the agreement the consumer has the right to terminate the agreement if the price exceeds 5%.
Article 11. Payment
1. Unless otherwise agreed, the full payment including postage costs and net cash or by bank transfer in advance and full delivery to take place.
2. If WEBTOCO sees fit may WEBTOCO of consumers require a deposit amounting to 25% of the total amount due on delivery
3. If cash payment is not taking place this be done within 7 days after the invoice, on a WEBTOCO to give way and in the currency which has been billed.
4. After the expiry of 10 days after the invoice is the right of consumers in default, and the consumer from the moment of action in default on the payments due an interest of 1% per month, unless the statutory interest rates higher in which case the statutory interest. Also, the purchase entirely dissolved while retaining rights to WEBTOCO.Consument in the present case can not claim more rights.
5. In the event of bankruptcy or suspension of payment of consumer claims of WEBTOCO and the obligations of consumers towards user immediately due and payable.
Article 12. Collection
1. Is the consumer in default or in default in fulfilling one or more of its obligations, then all reasonable costs incurred in obtaining satisfaction out of court on behalf of consumers. In any case, consumers in the event of a monetary owed:
-- On the first F 6,500, - 15%
-- For the additional 13,000 to F, - 10%
-- For the additional 32,500 to F, - 8%
-- For the additional 130,000 to F, - 5%
-- For the additional 3%
2. If WEBTOCO proves to have higher costs, which were reasonably necessary, can also qualify for reimbursement.
Article 13. Liability.
1. The liability of WEBTOCO is limited to a exchange of the part or refund of the purchase price, excluding any or all shippingcost,handlingcost and/or all applied other costs.
2. For placement or mounting a case to consumers WEBTOCO insurance contracts that the consequences of legal liability for an amount customary in the industry of WEBTOCO. In the case of legal liability has been the claim of the consumer against WEBTOCO limited to the payment of the insurance company in the present case.
WEBTOCO accepts no liability for damage incurred during assembly by WEBTOCO of WEBTOCO's products, reflecting the state of repair of the building where consumers are. Also for WEBTOCO or his subordinates not visible construction of the building, or parts thereof as consumers, WEBTOCO expressly excludes any liability for damage during assembly work this could occur. Consumer undertakes pre WEBTOCO entirely on the construction of the building or parts thereof, where the assembly of the items purchased must be carried out detailed information. By not written or incomplete information to consumers explicitly indemnifies WEBTOCO any liability for damages, which it is not or not fully informing WEBTOCO arises and does hereby expressly distance of each remedy.
3. Deficiency in goods delivered, the liability as provided in Article 7 of these terms.
4. These restrictions do not apply if the damage is due to design and / or serious misconduct and / or by mistake act of WEBTOCO or her subordinates.
Article 14. Force majeure
1. Force majeure is in these terms and conditions addition to its connotations in the Law Reports and understood, all external causes, or intended for non-WEBTOCO which exercises no control but which WEBTOCO is unable to meet its obligations, including strikes by WEBTOCO.
2. WEBTOCO also has the right to invoke force majeure if the fact that (further) fulfilment occurs after WEBTOCO should have been fulfilling its commitment.
3. During majeure, the delivery and other obligations of WEBTOCO suspended. If the period of force majeure by the fulfilment of obligations by WEBTOCO not possible lasts longer than 8 weeks, both parties are empowered to dissolve the agreement without that in this case an obligation to pay compensation.
4. If WEBTOCO at the onset of the force majeure already partly complied with its obligations, or only partially with its obligations could be met, it is entitled to the already delivered or the delivery part separately billing and consumers kept this bill as if it were a separate contract.
However, this does not already delivered or deliverable part no independent value.
Article 15. Dispute
The judge in the domicile of WEBTOCO shall have exclusive jurisdiction to hear disputes, unless the Court has jurisdiction. Nevertheless, WEBTOCO empowered consumers to sue under the law or treaty jurisdiction.
Article 16. Applicable law
At any agreement between WEBTOCO and consumers Dutch law. The Viennese Sale of Goods is specifically excluded.
Article 17. Amendment and the terms of reference
These conditions have been filed at the office of the Chamber of Commerce in Eindhoven.
From application is always the last registered version or the version that was at the time of conclusion of this transaction.
