TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
4004 LK Tiel
Registration number C.o.C. in Tiel: 11029400
VAT number: NL803805172B01
Article 1. Applicability
1. All offers, quotations, orders and agreements of our webshop to the exclusion of any other general conditions these Terms and Conditions apply.
2. Accepting an offer or placing an order means that you agree with the applicability of these Terms.
3. Deviation from these conditions can only be done in writing, in which case the remaining provisions shall remain in force.
4. All rights and claims, as in these conditions and any further agreements for our webshop are made, are also stipulated for by our shop intermediaries and other third parties.
Article 2. Prices and Payments
1. The prices for the products and services offered are in euros, excluding VAT and excluding handling and shipping, any taxes or other charges unless otherwise stated or agreed in writing.
2. Agreed prices are binding. If, due to circumstances beyond our control, such as price increases, excise duties, official increases in importers' and manufacturers' prices, exchange rate changes, etc., we are forced to apply a price increase, we shall be entitled to pass the increase on to our customers.
3. All payments must be made net without any discount or compensation within 30 days after the invoice date.
4. Payments must be made by deposit or transfer to our designated bank account.
5. If you are unable to meet our payment obligations, we are empowered to fulfill the commitments you have to deliver, suspend or take back until the payment is made or satisfactory security has been provided. The same applies before the date of default / default if we reasonably suspect that there are reasons to doubt the creditworthiness of you.
6. Furthermore, in the event of non-payment or late payment, we are entitled to charge our client for the collection costs, both judicial and extrajudicial. The extrajudicial costs are deemed to be set at a minimum of 15% of the principal sum, plus VAT, with to a minimum These extrajudicial costs shall generally include the costs charged to us by third parties for collection, including the costs of any bankruptcy petition. The latter costs are also due if our order is paid before or during the handling of bankruptcy petitions. If a client instigates a claim against us, all judicial and extrajudicial costs in which we are consequently involved, including those which exceed the liquidation by the court, including our counsel's fee, shall be for our client's account if the dispute is terminated by a settlement or by the complete partial rejection of the claim instituted against us.
7. All our transactions and any disputes resulting therefrom shall always be governed by Dutch law.
Article 3. Delivery and repairs
1. The delivery times presented by our shop are only indicative. When delivery time is exceeded you are not in title to receive any compensation, you can not cancel your order or terminate the agreement.
2. We are not liable for damages of any kind or form, related to transportation, whether or not the business suffered.
3. If delivery in installments, each installment as a separate transaction.
4. We reserve the right to demand a provisional payment for a repair. Our possible guarantee obligation or any complaint on the part of our client shall not suspend the payment obligation with regard to the work carried out or services rendered or goods supplied.
5. Replaced or rejected materials or items, as well as pressure vessels rejected by the Steam Equipment Inspectorate, will only be made available to our client if this has been explicitly requested at the time of the repair or maintenance or inspection order; otherwise these materials will revert to us without our client being able to claim the residual value or any compensation whatsoever.
6. All circumstances beyond our control (such as, e.g. 6. All circumstances outside our will or action (such as war situation - also outside the Netherlands -, mobilisation, technical malfunctioning, currency devaluation or radical change in the exchange rate between the currency of the Netherlands and the currency in which payment must be made, fire, molestation, strike, intervention by a higher authority, blockade, import and export bans and whole or partial confiscation or requisitioning of stocks as a result of which we cannot obligations, give us the right, at our discretion, to exceed the delivery period or to cancel the agreement, without us being obliged to pay any compensation for this, all without prejudice to the other rights to which we are entitled by law or these terms and conditions.
7. Delivery of goods takes place "ex warehouse Tiel" unless agreed otherwise in writing.
Article 4. Retention
1. Ownership of products delivered shall not be transferred until you have paid all that is owed to our webshop on the basis of any agreement. The risk in respect of the products shall pass to you at the moment of delivery.
2. In the event that we have been given ownership of any item belonging to our clients, or otherwise, in order to carry out work on that item, we are entitled to suspend the handover of that item and any materials released in the course of the work, if it has been agreed that they do not become our property, for as long as our clients have not paid the costs of the work in full, including the costs of any previous work carried out by us on the same item, as well as any claims made by us with regard to the failure to properly fulfil our obligation to pay (previous) costs.
Article 5. Returning and liability
1. Especially manufactured or ordered materials and products cannot be returned.
2. You have the obligation to check at delivery if the products meet the agreement. If this is not the case, please inform us as soon as possible and in any event within five (5) business days after delivery, or after observation reasonably possible, in writing and sufficient detail.
3. If it is demonstrated that the products do not meet the agreement, we choose the products to be returned and replaced by new products or to refund the invoice value.
4. Returns are only accepted if the packaging of the product is undamaged and any plastic seal on the package is not broken, also applies that the costs for returns are at your expense.
5. Our products warranty are given under the terms of our supplier.
6. No guarantee is given by us on the used second hand articles and products delivered by us; neither do we accept liability for any hidden defects that may be inherent in them, unless this provision has been expressly departed from in writing.
7. In addition to the guarantee provisions described in these general terms and conditions, we are in no way liable for the items and/or materials and/or services delivered by us, nor for the repair or replacement of defects subsequently detected, nor for maintenance, nor for the proper functioning of the items or services when used.
8. The content of the website and webshop of Hobrand and the other manifestations of Hobrand has been composed with the utmost care. Hobrand can not give guarantees regarding the nature, content and accuracy of the information and prices and is not liable for any obvious errors or omissions.
Article 6. Orders / communication
1. For misunderstanding, delays or transmission of orders and communications of the Internet or any other communication between you and our webhop, or between our shop and others, as it relates to the relationship between you and our shop, our shop is not liable unless and insofar as there may be gross negligence on our webshop.
2. Disputes between the consumer and the trader about the conclusion or execution of contracts relating to products and services to be supplied by this trader can be submitted by the consumer, with due regard for the provisions set out below, via the European ODR platform (http://ec.europa.eu/consumers/odr/); A dispute will only be taken up by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
Article 7. Force Majeure
1. Without prejudice to its other rights, our webshop has in case of force majeure the right, at its option, the execution of your order to suspend the agreement without judicial intervention, by notifying you in writing. Our online and without being obliged to pay compensation, unless this is under the circumstances to standards of reasonableness and fairness.
2. Force majeure means any failure which can be attributed to our shop because it is not due to our fault and not under the law, legal action or generally accepted for its account.
Article 8. Miscellaneous
1. If you place an adress on our webshop in writing, our webshop is entitled to send all orders to that address, unless you send another address in writing to our webshop which your orders will be send to.
2. Where we shop for any length of time does not deviate from these Conditions, please leave affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right by virtue of the fact that our shop these conditions smoothly.
3. If one or more provisions of these Terms or any other agreement with our shop in conflict with any applicable provision will to the chosen provision will lapse and will be replaced by one we adopt another lawful provision.
4. Our shop is competent in the execution of your order (s) use of third parties.
Article 9. Quotations
1. The Seller’s offers and quotations are free and are issued in written form, unless user for practical, urgent or other reasons forgoes a written offer. The offer provides for a date or date, or is determined by date. Seller is only bound by the offers if the acceptance thereof by Purchaser in writing within 30 days will be confirmed and provided that the goods offered in the tender are present or deliverable.
Article 10. Cancellation
1. Cancellation by you is only possible if we consent.
Article 11. Use
1. The customer is responsible for the careful preservation and management of the given usernames and passwords by Hobrand. Hobrand does not accept any liability arising from the (possibly improper) use of such data.
Article 12. Applicable law and jurisdiction
1. All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only applies to the Dutch law.
2. All disputes between parties will be submitted to the competent court in the Netherlands.