Terms and Conditions
The general conditions are also available in German and Dutch. These are translated from Dutch into google translate. As a result, no rights can be derived from errors in the text!
Terms and Conditions
Article 1. Applicability of these conditions
These terms and conditions apply to every offer and every agreement or legal relationship between vanworx.eu and a (potential) buyer, insofar as parties have not expressly and in writing deviated from these terms and conditions and to the exclusion of any general terms and conditions of the other party.
The present conditions also apply to all agreements with vanworx.eu in the execution of which third parties must be involved.
Where these conditions refer to written requirements, this also includes electronic communication.
Article 2. Offers / Agreements
1. All offers by vanworx.eu are without obligation and apply as an invitation. Prices as stated on the website are subject to typing errors.
2. All images, drawings, data concerning weights, dimensions, colors, etc. included in the webshop, are only approximate and can not be a reason for compensation and / or dissolution.
3. An agreement is only established after an order or order has been confirmed by vanworx.eu in writing or by another proof of acceptance. Additions, changes and further agreements with regard to placed orders and orders only apply if they have been confirmed in writing by vanworx.eu.
4. vanworx.eu always has the right to cancel the agreement (order) until 10 days after the conclusion of the assignment, without giving any reason.
5. In the case of a composite quotation, there is no obligation for vanworx.eu to deliver part of the goods included in the offer at a corresponding part of the stated price, nor does the offer of vanworx.eu automatically apply to repeat orders.
6. When several customers are party to an agreement, they are all jointly and severally bound by the fulfillment of the obligations towards vanworx.eu.
Article 3. Delivery
1. Unless otherwise agreed, delivery is made ex factory / company.
2. The other party is obliged to purchase the purchased goods at the time when they are made available to him. The moment of making available is the end of the period within which the goods can be collected, or - if transport or shipment has been agreed by vanworx.eu - the moment (at the option of vanworx.eu) on which vanworx.eu issues the goods. agreed address.
3. If the other party of vanworx.eu does not purchase at the time of making available, the purchase refuses or is negligent with the provision of information or instructions necessary for the delivery, the goods will be stored at the expense and risk of the other party. and / or - if transport or shipping has been agreed by vanworx.eu - be transported or shipped again at the expense and risk of the other party.
4. If the other party continues to refuse for the duration of 10 working days, vanworx.eu is entitled to dissolve the agreement, whereby the other party - by way of derogation from article "Dissolution" paragraph 2 - remains liable for 100% of the transaction value, increased with interest and costs, and without prejudice to the right to compensation for actual or higher damage.
Article 4. Right of withdrawal (cancellation)
1. After the conclusion of the agreement, the other party has the right to cancel the order up to 7 working days after receipt of the order, albeit that vanworx.eu can at any time attach conditions to such cancellation.
2. The conditions set by vanworx.eu in the event of cancellation after shipment of the ordered items are at least (without prejudice to the right to set more and other conditions):
• The return of the items must be complete, undamaged and unused, including documentation and warranty certificates and a copy of the vanworx.eu invoice.
• The return shipment takes place at all times by and at the expense and risk of the buyer. If the buyer wishes to return the item personally to the visiting address of vanworx.eu, the buyer must first make an appointment for this purpose.
3. Costs and damages associated with the cancellation will in any case be charged to vanworx.eu.
4. The right to cancel does not apply in case of:
• Products ordered or composed especially for the other party;
• Certification of products
• Products of which vanworx.eu expressly states that the right does not apply.
Article 5. Delivery time
1. Delivery times stated by vanworx.eu are always approximate and are never deadlines.
2. In the event of force majeure, vanworx.eu can not be held liable for this.
3. In the event of untimely or incorrect delivery, the other party must declare vanworx.eu in default in writing.
4. The delivery time stated by vanworx.eu starts only after all the necessary data are in its possession.
5. Vanworx.eu is permitted to deliver sold goods in parts. This does not apply if a partial delivery does not have an independent value. If the goods are delivered in parts, vanworx.eu is authorized to invoice each part separately.
Article 6. Technical requirements etc.
1. If the goods to be delivered in the Netherlands are used outside of the Netherlands, vanworx.eu is not responsible for ensuring that the goods to be delivered meet the technical requirements, standards and / or regulations imposed by laws or regulations of the country where the goods are delivered. are used. This does not apply if Vanworx.eu has fully confirmed the suitability of the use in the country concerned at the conclusion of the agreement.
2. All other technical requirements that are set by the other party to the goods to be delivered and which deviate from the normally applicable requirements must be explicitly stated by the other party at the conclusion of the purchase agreement.
Article 7. Dissolution
1. An agreement can in any case immediately, without further notice of default, be dissolved by vanworx.eu in the following cases:
if the other party does not correctly fulfill its obligations; if after having entered into the agreement Vanworx.eu becomes aware of circumstances that give Vanworx.eu good reason to fear that the other party will not fulfill its obligations; if vanworx.eu has requested the other party to provide security for the fulfillment during or after the conclusion of the agreement and this security is not provided or is insufficient despite summons. in the aforementioned cases, vanworx.eu is entitled to suspend the further execution of the agreement or to dissolve the agreement, without prejudice to the right of vanworx.eu to claim compensation.
2. In the event of dissolution by vanworx.eu, the other party shall be liable to pay damages to vanworx.eu, without prejudice to the right of vanworx.eu to claim compensation for higher or actual damage.
Article 8. Warranty
1. The other party is only entitled to warranty vis-à-vis vanworx.eu if and insofar as vanworx.eu is (still) guaranteed by the supplier of vanworx.eu or the manufacturer, except insofar mandatory legal provisions stipulate a more extensive guarantee. Until further warranty or liability vanworx.eu is not held.
2. The other party is only entitled to a guarantee towards vanworx.eu if the other party has met all payment obligations towards vanworx.eu.
3. Any warranty obligation lapses if the other party carries out or has performed modifications or repairs to the delivered good itself, or in case of damage that is not the result of normal use.
Article 9. Retention of title
1. All goods delivered by vanworx.eu remain the property of vanworx.eu until the other party has fulfilled all obligations from all agreements made with vanworx.eu.
2. Goods delivered by vanworx.eu, which are subject to retention of title pursuant to paragraph 1, may only be used within the framework of normal business operations.
3. The other party is not entitled to pledge the goods falling under the retention of title or to encumber or alienate them in any other way.
4. The other party already gives unconditional and irrevocable consent to vanworx.eu or to a third party to be designated by it, in all cases in which vanworx.eu wishes to exercise its ownership rights, to enter all those places where the properties of vanworx.eu will then find themselves and take those things there.
5. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the other party is obliged to notify vanworx.eu as soon as reasonably may be expected to do so.
6. The other party undertakes to insure the goods delivered under retention of title and to keep them insured against fire and water damage, as well as against theft and to make the policy of this insurance available for inspection on first request.
Article 10. Defects, complaint terms
1. The other party must inspect the purchased items upon delivery or at the latest within 3 working days thereafter.
In doing so, the other party must in any case check whether the delivered goods comply with the agreement, namely:
• whether the right things have been delivered;
• whether the delivered goods in terms of quantity (for example the quantity and number)
agree with the agreed;
• 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 commercial purposes.
2. If visible defects or shortcomings are detected, then the other party must notify Vanworx.eu in writing within 3 working days of delivery. Vanworx.eu is deemed to have delivered correctly after the expiration of these 3 working days
3. Even if the other party makes a complaint in good time, his obligation to pay and accept orders made will remain unaffected. As long as the full payment obligation is not met, vanworx.eu will not handle complaints.
4. Unless expressly agreed otherwise in writing, the other party must return this case to vanworx.eu for a review and repair in case of a complaint to a case. Assessment and repair by vanworx.eu is not done at home.
5. Goods can only be returned to vanworx.eu after prior written permission.
6. The other party must take care of the actual return itself and for its own account and risk. Any damages (including transport damages due to bad / not packing) are for the customer and are deducted from the credit.
Article 11. Intellectual property
The copyright and any other intellectual property rights on equipment, software or documentation remain the property of vanworx.eu or its suppliers. The other party obtains at most a right of use.
Article 12. Price / Price increase
1. Unless explicitly stated otherwise, the prices given by vanworx.eu apply only to the products themselves and:
• in Euro
• exclusive of VAT
• excluding shipping or transport costs
• ex factory / company
2. Prices as stated on the website are subject to typing errors or (not yet implemented) price changes.
3. If vanworx.eu agrees with the other party a certain price, vanworx.eu is nevertheless entitled to increase the price if vanworx.eu can demonstrate that between the moment of the offer and delivery significant price changes have taken place with respect to commodities currency and / or wages.
4. If the price increase exceeds 10%, the other party has the right to dissolve the agreement, without the right to compensation vis-à-vis vanworx.eu.
Article 13. Payment
1. Unless expressly agreed otherwise, payment in advance shall apply, but no later than a payment term of 14 days after the invoice date, in a manner to be indicated by vanworx.eu and in the currency in which the invoice is made.
2. vanworx.eu has the right at all times to demand (yet) advance payment or to have the security provided by the counterparty payment, which must be paid immediately.
3. After the expiry of 14 days after the invoice date, the other party is legally in default; the other party is due from the moment of being in default of the due amount an interest of 1% per month unless the legal (trade) interest is higher, in which case the legal (trade) interest applies.
4. If the other party is in default, all actual costs incurred in obtaining payment out of court will be at the expense of the other party, but at least at the (fixed) amount estimated in accordance with Rapport Voorwerk II.
5. In the event of liquidation, bankruptcy or suspension of payment of the other party, vanworx.eu's claims and the obligations of the other party towards vanworx.eu will immediately be due and payable by vanworx.eu.
6. Payment must take place without discount or setoff and without the right of the other party to retain the right to seizure at the expense of vanworx.eu.
7. Payments made by the other party always serve first to settle all interest and costs owed, and secondly to claimable invoices that have been outstanding the longest, even if the other party states that the payment relates to a later payment.
Article 14. Liability
1. vanworx.eu is exclusively liable to the other party for damage caused by intent or gross negligence of vanworx.eu or its subordinates. For damage as a result of defects in the delivered goods, only the liability as described in article "Guarantee" of these conditions applies.
2. Vanworx.eu's liability is at all times limited to the amount that any insurance agent of vanworx.eu pays out to vanworx.eu in a particular case.
3. If the insurance in any case offers no cover or does not pay, and vanworx.eu is liable, the liability of vanworx.eu is limited to at most the invoice value of the transaction, at least that part of the transaction to which the liability relates. has.
4. In no case is vanworx.eu liable for indirect damage, consequential damage, expressly understood there.
5. The other party indemnifies vanworx.eu for claims by third parties.
Article 15. Force majeure
1. Force majeure means - in addition to what is understood in law and jurisprudence - all external causes, foreseen or not provided, to which vanworx.eu can not exert influence, but as a result of which vanworx.eu is unable to fulfill its obligations. to come, delay in delivery by suppliers of vanworx.eu and strikes in the company of vanworx.eu included.
2. During force majeure the delivery and other obligations of vanworx.eu are suspended. During force majeure, vanworx.eu always has the right to dissolve the agreement, without there being any obligation for vanworx.eu to pay compensation in that case.
3. If the force majeure situation lasts longer than 4 months after the moment at which vanworx.eu should have fulfilled its obligations, the other party - with due observance of Article 5 paragraph 2 - is entitled to terminate the agreement, without there being any obligation to do so. compensation.
4. If on entering the force majeure vanworx.eu has already partially fulfilled its obligations, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the other party is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.
Article 16. Partial invalidity
If parts of these terms and conditions are invalid or voided or otherwise invalid, the other (parts of) provisions will remain in full force. The remaining conditions must then be read and interpreted in such a way that the purport of the conditions and in particular of the invalid parts is achieved.
Article 17. Applicable law and competent court
1. Only Dutch law applies. The Vienna Sales Convention is explicitly excluded.
2. Disputes that may arise from or are related to an agreement shall in the first instance only be submitted to the competent court in Maastricht.
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