General Terms and Conditions of Absteigerhout, located in Bladel
Version valid from 24-05-2012
1. General
1.1 These general terms and conditions apply to all offers from Absteigerhout. The conditions are accessible to everyone and included on the Absteigerhout website. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree to the delivery and payment conditions. Absteigerhout reserves the right to change its delivery and/or payment terms after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Absteigerhout.
1.4 Absteigerhout guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules of distance purchasing, Absteigerhout will execute orders at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer will receive information within 1 month after placing the order. message and in that case he has the right to cancel the order without costs and notice of default.
2.3 Absteigerhout's delivery obligation will, unless proven otherwise, be fulfilled as soon as the goods delivered by Absteigerhout have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. Therefore, no rights can be derived from the stated periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3.3 All prices on the site are in EUROs and include 19% VAT.
4. Trial period / right of withdrawal
4.1 If it concerns a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to Absteigerhout after this period, the purchase is a fact. Before returning the product, the customer is obliged to notify Absteigerhout in writing within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to termination within the meaning of this paragraph lapses. Taking into account what is determined in the previous sentence, Absteigerhout ensures that the full purchase amount including the calculated shipping costs will be refunded to the customer within 30 days after receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to terminate, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by Absteigerhout. The general terms and conditions of the network operators in question will apply to the latter services, where Absteigerhout only acts as an intermediary or agent.
4.3 The right of withdrawal does not apply to:
- services the performance of which, with the consent of the consumer, has started before a period of seven working days
- goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
- goods that are manufactured according to consumer specifications, for example custom-made, or that have a clearly personal character
- for goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly
- audio and video recordings and computer software of which the consumer has broken the seal
- the supply of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.1 If you place an order with Absteigerhout, your details will be included in Absteigerhout's customer base. Absteigerhout adheres to the Personal Records Act and will not provide your data to third parties. See our Privacy Policy.
5.2 Absteigerhout respects the privacy of the users of the website and ensures confidential treatment of your personal data.
5.3 Absteigerhout uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty
6.1 Absteigerhout guarantees that the products it supplies meet the requirements of usability, reliability and service life as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product delivered to you.
6.2 Absteigerhout's warranty period corresponds to the manufacturer's warranty period. However, Absteigerhout is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must immediately report these defects in writing to Absteigerhout (before returning it to Absteigerhout). Any defects or incorrectly delivered goods must and can be reported to Absteigerhout in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by Absteigerhout, Absteigerhout will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of Absteigerhout and therefore the amount of compensation will always be is limited to a maximum of the invoice amount of the relevant goods, or (at the discretion of Absteigerhout) to the maximum amount covered in the relevant case by Absteigerhout's liability insurance. Any liability of Absteigerhout for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 Absteigerhout is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Absteigerhout; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to Absteigerhout's instructions and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If the buyer accepts a non-binding offer, Absteigerhout reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Oral commitments only bind Absteigerhout after they have been expressly confirmed in writing.
7.4 Offers from Absteigerhout do not automatically apply to repeat orders.
7.5 Absteigerhout cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8. Agreement
8.1 An agreement between Absteigerhout and a customer is concluded after an order has been assessed by Absteigerhout for feasibility.
8.2 Absteigerhout reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc.; including information regarding weights, dimensions, colors, images of labels, etc. on the Absteigerhout website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Absteigerhout is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure means any external cause, as well as any circumstance that should not reasonably be at its risk. Delays or failure to perform by our suppliers, disruptions to the Internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence of suppliers and/or or manufacturers of Absteigerhout as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment expressly constitute force majeure.
10.3 In the event of force majeure, Absteigerhout reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Absteigerhout obliged to pay any fine or compensation.
10.4 If Absteigerhout has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11. Liability
11.1 Absteigerhout is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Absteigerhout to the customer remains with Absteigerhout as long as the customer has not paid Absteigerhout's claims under the agreement or previous or later similar agreements, as long as the customer has completed the work performed or to be performed under this agreement. or similar agreements and as long as the customer has not yet paid Absteigerhout's claims due to failure to comply with such obligations, including claims regarding fines, interest and costs, all as referred to in Article 3: 92 BW.
12.2 The goods delivered by Absteigerhout that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
12.4 The customer now gives unconditional and irrevocable permission to Absteigerhout or a third party to be appointed by Absteigerhout, in all cases in which Absteigerhout wishes to exercise its ownership rights, to enter all those places where its property will be located and to dispose of those items there. to take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Absteigerhout of this as soon as can reasonably be expected.
12.6 The customer undertakes 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 to Absteigerhout upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Absteigerhout and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court within the Bladel district, unless Absteigerhout prefers to submit the difference to the competent court of the place of residence of the buyer. buyer, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court judge.