General Terms and Conditions - Businesses

Chamber of Commerce number: 66210402
VAT identification number: NL856444005B01

 

from: thermapen.nl
Registered office in: Zeewolde

Hereinafter referred to as user.

Article 1. Definitions
In these general terms and conditions, the following definitions apply:
'user': the user of the general terms and conditions;
'non-consumer': a client acting in the exercise of a business or profession;
'buyer': non-consumer

Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between the user and the buyer to which the user has declared these conditions applicable, insofar as these conditions have not been expressly and in writing departed from by the parties.
2. The present conditions also apply to agreements with the user, for the execution of which third parties must be involved.

Article 3. Offers
1. All offers made by the user are valid for a maximum period of 30 days.
2. Notwithstanding the provisions of Article 6:225 paragraph 2 of the Dutch Civil Code, the user is not bound by deviations from the user's offer that appear in the potential buyer's acceptance.
3. Delivery times and other terms mentioned in the user's offers for services to be performed by the user are approximate and for information only; exceeding them does not entitle the potential buyer to compensation or dissolution.
4. Prices quoted by the user are, unless otherwise stated, based on execution during normal working hours and exclude transport, packaging, delivery and installation costs, VAT and other government levies.
5. In the case of a composite price quote, we are not obliged to deliver a portion of the items included in the offer for a corresponding portion of the quoted price, nor does our offer automatically apply to reorders.
6. The user is only bound by its offer if the potential buyer confirms acceptance in writing within 30 days. The prices stated in an offer are exclusive of VAT, unless otherwise indicated.

Article 4. Delivery
1. Unless otherwise agreed, delivery takes place from the office in Zeewolde.
2. The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the moment they are made available to him in accordance with the agreement.
3. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the goods will be stored at the buyer's risk. In that case, the buyer will owe all additional costs, including in any case storage costs. We charge 15% of the purchase amount for this.

Article 5. Delivery time
1. The delivery times stated by the user are approximate and are not strict deadlines.
2. In the event of late delivery, the buyer must give the user written notice of default and grant the user a reasonable period to still fulfill its obligations.
3. The delivery time stated by the user only commences after all necessary data are in its possession.

Article 6. Partial delivery
The user is permitted to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, the user is entitled to invoice each part separately.

Article 7 Technical requirements etc.
1. If the articles to be delivered in the Netherlands are to be used outside the Netherlands, the user is responsible for ensuring that the articles to be delivered comply with the technical requirements or standards set by laws or regulations of the country where the articles are to be used, but only if the use abroad has been explicitly and in writing stated at the time of concluding the purchase.
2. All other technical requirements set by the buyer for the articles to be delivered and which deviate from the normally applicable requirements, must be explicitly reported by the buyer when concluding the purchase agreement.

Article 8. Dissolution of the agreement.
1. An agreement between the user and a buyer can be dissolved immediately in the following cases:
a. If, after concluding the agreement, circumstances become known to the user that give the user good reason to fear that the buyer will not fulfill his obligations;
b. If the user has asked the buyer to provide security for performance when concluding the agreement, and this security is not provided or is insufficient despite a demand.
c. In the aforementioned cases, the user is entitled to suspend further execution of the agreement or to proceed with dissolution of the agreement, all this without prejudice to the user's right to claim damages.
2. If circumstances arise with regard to persons and/or materials used or customarily used by the user in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or excessively difficult and/or disproportionately costly, making compliance with the agreement no longer reasonably possible, the user is entitled to dissolve the agreement.
3. If none of the above reasons apply, the purchase cannot be dissolved except by paying 10% cancellation costs.

Article 9. Warranty
1. The user guarantees that the goods sold by it are free from material, design and manufacturing defects for a period of at least 1 month after delivery of used goods. For new goods, the user guarantees for a period of 12 months, unless expressly stated otherwise in writing.
2. If the warranty mentioned in paragraph 1 applies and the delivered goods show a defect, the user is obliged to repair the goods within 30 days after the buyer has reported the defect in writing.
3. The warranty does not apply if damage is the result of incorrect handling or failure to follow instructions correctly.
4. If the warranty concerns a product manufactured by a third party, the warranty is limited to the warranty given by the relevant manufacturer for that product.

Article 10. Retention of title
1. All goods delivered by the user remain the property of the user until the buyer has fulfilled all subsequent obligations arising from all agreements concluded with the user.
2. Goods delivered by the user, which fall under the retention of title pursuant to paragraph 1, may only be resold within the framework of normal business operations and may never be used as a means of payment.
3. The buyer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
4. The buyer hereby gives unconditional and irrevocable permission to the user or to a third party to be designated by the user, in all cases where the user wishes to exercise its ownership rights, to enter all places where the user's property will then be located and to take those goods with them.
5. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the user of this as soon as can reasonably be expected.
6. The buyer is obliged to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to make the insurance policy available for inspection upon first request.

Article 11. Defects; complaint periods
1. The buyer must examine the purchased goods upon delivery or as soon as possible thereafter. In doing so, the buyer must check whether the delivered goods comply with the agreement, namely:
a. Whether the delivered goods correspond in quantity to what was agreed;
b. Whether the delivered goods meet the agreed quality requirements or, if these are lacking, the requirements that may be set for normal use and/or trade purposes.
2. If visible defects or shortcomings are found, the buyer must report them to the user in writing within 3 days after delivery.
3. Non-visible defects must be reported by the buyer in writing within 8 days of discovery.
4. Even if the other party complains in time, his obligation to pay for and accept placed orders remains.
5. Goods can only be returned to the user after prior written consent.
6. All communication about defects etc. must be reported in writing and by registered mail.

Article 13. Price / Price increase
1. Unless expressly stated otherwise, the prices quoted by us apply:
a. In Dutch currency
b. Excluding VAT
c. Based on minimum quantities used by the user
d. Excluding transport costs
e. Ex warehouse
f. Payment in advance upon order

2. If the user agrees on a certain price with the buyer, the user is nevertheless entitled to increase the price if the user can demonstrate that significant price changes have occurred between the time of the offer and delivery with regard to raw materials, currency and/or wages or otherwise unforeseen circumstances.
3. If the price increase amounts to more than 10%, the buyer has the right to dissolve the agreement.

Article 14. Payment
1. Payment is principally made by bank transfer in advance.
2. If agreed by bank: Payment must be made no later than 14 days after the invoice date in a manner to be indicated by the user in the currency in which it was invoiced.
3. After the expiry of 14 days after the invoice date, the buyer is legally in default; from the moment of default, the buyer owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.
4. In the event of liquidation, bankruptcy or suspension of payment of the buyer, the user's claims and the buyer's obligations towards the user will become immediately due and payable.
5. Payment must be made without discount or set-off.
6. Payments made by the buyer always serve firstly to settle all due interest and costs, and secondly to settle overdue invoices that have been open for the longest time, even if the buyer states that the payment relates to a later invoice.

Article 15. Collection costs
1. If the buyer is in default or in breach of one or more of his obligations, all judicial and extrajudicial costs incurred to obtain satisfaction shall be borne by the buyer. In any case, the buyer owes:
a. Over the first 3000.00 euros 15%
b. Over the excess up to 6000.00 euros 10%
c. Over the excess up to 150,000.00 euros 8%
d. Over the excess up to 60,000.00 euros 5%
e. Over the excess 3%
2. If the user proves to have incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.

Article 16. Liability
The user is liable to the buyer only in the following manner:
1. For damage as a result of defects in delivered goods, only the liability as regulated in these conditions applies.
2. The user is only liable if damage is caused by intent or gross negligence of the user or its subordinates;
2. The user accepts no responsibility whatsoever for theft of the housing and contents or construction applied by the buyer.
4. The user's liability is limited to the amount of the payment to be provided by the user's insurer in the case in question.
5. If the insurance does not provide cover or does not pay out in any case, and the user is liable, the user's liability is limited to twice the invoice value of the transaction, or at least that part of the transaction to which the liability relates.

Article 17. Force majeure
1. Force majeure in these general terms and conditions means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which the user cannot exercise influence, but which prevent the user from fulfilling its obligations, including strikes in the user's company.
2. During force majeure, the user's delivery and other obligations are suspended. If the period during which fulfillment of obligations by the user is impossible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement, without there being an obligation for compensation in that case.
3. If, when the force majeure occurs, the user has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 18. Dispute Resolution
The court in the user's place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user has the right to summon its counterparty before the court with jurisdiction according to law.

Article 19. Applicable law
Dutch law applies to every agreement between the user and the buyer. The Vienna Sales Convention is expressly excluded.

Article 20. Amendment and location of the terms and conditions
These terms and conditions have been filed at the Chamber of Commerce in Lelystad.
The most recently filed version or the version that was valid at the time of the conclusion of the present transaction shall always apply.

 

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General Terms and Conditions - Consumers

 

CONTENTS

 ARTICLE 1 - Definitions 1

ARTICLE 2 - Identity of the entrepreneur 2

ARTICLE 3 - Applicability 2

ARTICLE 4 - The offer 3

ARTICLE 5 - The agreement 4

ARTICLE 6 - Right of withdrawal 4

ARTICLE 7 - Costs in case of withdrawal 5

ARTICLE 8 - Exclusion of the right of withdrawal 5

ARTICLE 9 - The price 5

ARTICLE 10 - Conformity and Warranty 6

ARTICLE 11 - Delivery and execution 6

ARTICLE 12 - Long-term transactions 7

ARTICLE 13 - Payment 7

ARTICLE 14 - Complaints procedure 7

ARTICLE 15 - Disputes 8

ARTICLE 16 - Additional or deviating provisions 8

 

ARTICLE 1 – Definitions

In these conditions, the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the remote sale of products and/or services,

up to and including the conclusion of the agreement, exclusively one or

more techniques of distance communication are used;

Technique for distance communication: means that can be used to conclude

an agreement, without the consumer and entrepreneur being simultaneously in the same room;

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information

 

ARTICLE 2 - Identity of the entrepreneur

036-2020909, weekdays 9:00-16:00

service@thermapen.nl

Chamber of Commerce number: 66210402

VAT identification number: NL856444005B01

 

 

ARTICLE 3 – Applicability

 1. These general terms and conditions apply to every offer made by the entrepreneur and

to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these

General terms and conditions will be made available to the consumer. If this is

reasonably not possible, before the distance contract is concluded,

it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and

they will be sent free of charge to the consumer as soon as possible upon request.

3. If the distance contract is concluded electronically, in deviation from

the previous paragraph and before the distance contract is concluded, the text of these

general terms and conditions can be made available to the consumer electronically

in such a way that they can be easily stored by the consumer

on a durable data carrier. If this is

reasonably not possible, before the distance contract is concluded,

it will be indicated where the general terms and conditions can be consulted electronically

and that they will be sent free of charge to the consumer electronically

or otherwise upon request.

4. In the event that, in addition to these general terms and conditions, specific product or

service conditions also apply, the second and third paragraphs of

corresponding application and in case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 

ARTICLE 4 - The offer

 1. If an offer has a limited period of validity or is made subject to conditions,

this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered

products and/or services. The description is sufficiently detailed to allow for a proper

assessment of the offer by the consumer. If the entrepreneur

uses images, these are a true representation of the

products and/or services offered. Obvious mistakes or errors in the offer

do not bind the entrepreneur.

3. Every offer contains such information that it is clear to the consumer what the

rights and obligations are that are attached to the acceptance of the offer.

This particularly concerns:

− the price including taxes;

− any delivery costs;

− the manner in which the agreement will be concluded and what actions

are required for this;

− whether or not the right of withdrawal applies;

− the method of payment, delivery or performance of the agreement;

− the term for accepting the offer, or the term for honoring

the price;

− the amount of the rate for distance communication if the costs of using

the technology for distance communication are calculated on a basis other than the basic rate;

− if the agreement is archived after conclusion, how

it can be consulted by the consumer;

− the manner in which the consumer can be informed of unwanted actions

before concluding the agreement, as well as the manner in which he can correct these before the agreement is concluded;

− the possible languages in which, in addition to Dutch, the agreement can be

concluded;

− the codes of conduct to which the entrepreneur has subjected himself and the manner

in which the consumer can consult these codes of conduct electronically;

and

− the minimum duration of the distance agreement in the case of an agreement

for continuous or periodic delivery of products or services.

 

ARTICLE 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the

moment of acceptance of the offer by the consumer and compliance with the

conditions stipulated therein.

2. If the consumer has accepted the offer electronically, the

entrepreneur will immediately confirm receipt of the acceptance of the

offer by electronic means. As long as receipt of this acceptance has not been confirmed, the

consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate

technical and organizational measures to secure the electronic

transfer of data and will ensure a secure web environment. If the consumer

can pay electronically, the entrepreneur will take appropriate security measures in this regard.

4. The entrepreneur can – within legal frameworks – inform himself whether the

consumer can meet his payment obligations, as well as all facts and

factors that are important for a responsible conclusion of the distance agreement.

If, based on this investigation, the entrepreneur has good reasons not to enter into the

agreement, he is entitled to refuse an order or request with reasons

or to attach special conditions to the execution.

5. The entrepreneur will provide the consumer with the following information with the product or service,

in writing or in such a way that it can be stored by the consumer in an accessible

manner on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can

lodge complaints;

b. the conditions under which and the manner in which the consumer can exercise

the right of withdrawal, or a clear statement regarding the

exclusion of the right of withdrawal;

c. information about existing after-sales service and warranties;

d. the data specified in Article 4 paragraph 3 of these terms and conditions, unless the

entrepreneur has already provided this data to the consumer before the execution

of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration

of more than one year or is of indefinite duration.

6. If the entrepreneur has undertaken to deliver a series of products or

services, the provision in the previous paragraph only applies to the first delivery.

 

ARTICLE 6 – Right of withdrawal

For delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement

without stating reasons for at least fourteen days. This

period commences on the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer will handle the product and the

packaging with care. He will only unpack or use the product to the extent

necessary to assess whether he wishes to keep the product. If he

exercises his right of withdrawal, he will return the product with all supplied

accessories and – if reasonably possible – in the original condition and packaging

to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For delivery of services:

3. For delivery of services, the consumer has the option to dissolve the agreement without

stating reasons for at least fourteen days, starting on the

day of entering into the agreement.

4. To exercise his right of withdrawal, the consumer will adhere to the

reasonable and clear instructions provided by the entrepreneur in the offer and/or no later than upon delivery.

 

 

ARTICLE 7 - Costs in case of withdrawal

 1. If the consumer exercises his right of withdrawal, at most the

costs of return shipment will be borne by him.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as

possible, but no later than within 30 days after the return or withdrawal.

 

ARTICLE 8 - Exclusion of the right of withdrawal

 1. If the consumer does not have a right of withdrawal, the entrepreneur can only exclude this if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the

entrepreneur has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the

seal.

3. Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, catering or leisure activities to be performed on

a specific date or during a specific period;

b. whose delivery commenced with the express consent of the consumer

before the cooling-off period has expired;

c. concerning betting and lotteries.

 

ARTICLE 9 - The price

 1. During the validity period stated in the offer, the prices of the

offered products and/or services will not be increased, except for price changes resulting

from changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose

prices are subject to fluctuations in the financial market and over which the

entrepreneur has no influence, at variable prices. This susceptibility

to fluctuations and the fact that any stated prices are indicative prices, will be

stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are

only permitted if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are

only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the right to terminate the agreement on the day

on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

 

ARTICLE 10 - Conformity and Warranty

 1. The entrepreneur guarantees that the products and/or services comply with the

agreement, the specifications stated in the offer, the reasonable requirements of

soundness and/or usability and the legal provisions and/or government regulations existing

on the date of the conclusion of the agreement.

2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does

not detract from the rights and claims that the consumer can assert against the entrepreneur

in respect of a failure to perform the obligations of the entrepreneur based on the law and/or the distance agreement.

 

ARTICLE 11 - Delivery and execution

 1. The entrepreneur will exercise the greatest possible care when receiving

and executing orders for products and when assessing applications

for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. Subject to the provisions of Article 4 of these general terms and conditions, the

company will execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed upon.

If delivery is delayed, or if an order cannot be executed or can only be executed

partially, the consumer will receive notification of this no later than one month

after he has placed the order. In that case, the consumer has the right

to dissolve the agreement without costs and is entitled to any compensation.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the

consumer as soon as possible, but no later than within 30 days after

dissolution.

5. If delivery of an ordered product proves to be impossible, the entrepreneur

will endeavor to make a replacement item available. It will be clearly and understandably stated upon

delivery that a replacement item is being supplied. The right of withdrawal cannot be

excluded for replacement items. The costs of return shipment are for the account of the entrepreneur.

6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of

delivery to the consumer, unless explicitly agreed otherwise.

 

ARTICLE 12 – Long-term transactions

 1. The consumer can terminate an agreement entered into for an indefinite period at any

time, observing the agreed termination rules and a

notice period of a maximum of one month.

2. An agreement entered into for a definite period has a maximum duration of

two years. If it has been agreed that the distance agreement will be extended in case of the consumer's silence, the agreement will be continued

as an agreement for an indefinite period and the notice period after continuation of

the agreement will be a maximum of one month.

ARTICLE 13 – Payment

 1. Unless otherwise agreed, the amounts owed by the consumer must

be paid within fourteen days after delivery of the goods or, in the case

of an agreement to provide a service, within 14 days after the issue of the

documents relating to this agreement.

2. When selling products to consumers, a prepayment of more than 50% may never

be stipulated in the general terms and conditions. If prepayment has been

stipulated, the consumer cannot assert any right regarding the execution of

the relevant order or service(s) until the stipulated prepayment has

taken place.

3. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details

to the entrepreneur.

4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal

restrictions, to charge the reasonable costs previously made known to the consumer. 

 

ARTICLE 14 – Complaints procedure

 1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more extensive answer.

 

ARTICLE 15 - Disputes

 1. Agreements between the entrepreneur and the consumer to which these general

terms and conditions apply are exclusively governed by Dutch law.

 

ARTICLE 16 - Additional or deviating provisions

 

Additional or deviating provisions from these general terms and conditions may not be to the

detriment of the consumer and must be laid down in writing or in such a way

that they can be stored by the consumer in an accessible manner on

a durable data carrier.