General

Article 1 – Definitions

1. www.verzinkshop.nl, established in Dronten, Chamber of Commerce number 82957940, is referred to in these general terms and conditions as the Seller.
2. The other party of the seller is referred to as the buyer in these general terms and conditions.
3. The parties are seller and buyer together.
4. The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of Seller.
2. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3 – Payment

1. The full purchase price is paid at the end of the order, or at least before the product is delivered. In some cases, a deposit is required for reservations. In this case, the buyer will receive proof of the reservation and the prepayment.
2. There is a possibility of post-payment available at checkout.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to this collection are borne by the buyer. These collection costs are calculated on the basis of the Extrajudicial Collection Costs Compensation Decree.
4. In the event of liquidation, bankruptcy, seizure or suspension of payments of the buyer, the claims of the seller against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.
6. If the buyer does not pay on time, he is in default. If the buyer defaults, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

Article 4 – Offers, quotations and price

1. Offers are without obligation, unless a period of acceptance is specified in the offer. If the offer is not accepted within that specified period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to backorders. The parties must agree to this explicitly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 – Right of withdrawal

Upon delivery of products:

You have the right to cancel your order up to 14 days after receipt without giving a reason, provided that the seal has not been broken. If the seal is broken, your order is final and can no longer be returned. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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. Private individuals are not allowed to send chemical products by post or a delivery service.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of postage.

After registering the return, the webshop has 14 days to refund the order amount including shipping costs.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 6 – Modification of the Agreement

1. If, during the execution of the agreement, it appears that it is necessary to change or supplement the work to be performed for the proper execution of the assignment, the parties will amend the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected as a result. The seller will inform the buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
4. If the parties have agreed on a fixed price, the seller shall indicate to what extent the amendment or addition to the agreement will result in this price being exceeded.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 7 – Delivery and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk is transferred from seller to buyer.

Article 8 – Research and Complaints

1. The buyer is obliged to examine the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that quality and quantity meet the requirements that apply in normal (trade) transactions.
2. Defects relating to damage, shortages or loss of delivered goods must be submitted in writing to the seller within 10 working days of the day of delivery of the goods by the buyer.
3. If the complaint is declared well-founded within the specified period, the seller has the right to either repair or deliver again, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations and differences in quality, number, size or finish cannot be invoked against the seller.
5. Complaints relating to a particular product do not affect other products or parts belonging to the same agreement.
6. After processing the goods at the buyer, no more complaints are accepted.

Article 9 – Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
2. In the case of agreements relating to immovable property, the indication of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the property to be delivered having to correspond to it.

Article 10 – Delivery

1. Delivery is made ‘ex factory/shop/warehouse’. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the time that the seller delivers them to him or has them delivered to him, or at the time when these goods are made available to him according to the agreement.
3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller.
6. A delivery period specified by the seller is indicative. This is never a fatal deadline. If the term is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or no independent value is attributed to partial delivery. The seller is entitled to invoice these parts separately in the event of delivery in parts.

Article 11 – Force majeure

1. If the seller cannot fulfil his obligations under the agreement, or cannot do so on time or properly, due to force majeure, he is not liable for damage suffered by the buyer.
2. Force majeure is in any case understood by the parties to mean any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flood, earthquake, fire, Occupation, strikes, worker lockouts, changed government measures, transportation difficulties, and other disruptions in the seller’s business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not fulfil the contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as referred to above arises as a result of which the seller is unable to meet its obligations towards the buyer, those obligations will be suspended as long as the seller is unable to meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
5. In the event that the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 – Transfer of rights

1. Rights of one party under this Agreement may not be transferred without the prior written consent of the other party. This provision is a clause with effect under property law within the meaning of Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13 – Retention of title and right of retention

1. The goods present at the seller’s premises and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is a case of creditors’ default. In that case, a late delivery cannot be invoked against the seller.
3. The seller is not authorised to pledge the goods covered by his retention of title nor to encumber them in any other way.
4. The seller undertakes to insure the goods delivered to the buyer 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 available for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payments of the buyer, the obligations of the buyer are immediately due and payable.

Article 14 – Liability

1. Any liability for damage arising from or in connection with the performance of an agreement is always limited to the amount paid out by the liability insurance(s) taken out in the relevant case. This amount is increased by the amount of the deductible according to the relevant policy.
2. The liability of the seller for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 15 – Duty to complain

1. It can always happen that something doesn’t go quite as planned. We recommend that you first make complaints known to us by emailing  info@verzinkshop.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur via: www.webwinkelkeur.nl/geschil. From 15 February 2016, it will also be possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found on http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the platform of the European Union.

Article 16 – Guarantees

1. If the agreement includes guarantees, the following applies. The seller guarantees that the property sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty is valid for a period of two calendar years after receipt of the sold property by the buyer.
2. The purpose of the warranty referred to is to establish a division of risk between seller and buyer in such a way that the consequences of a breach of a warranty are always entirely at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code in respect of a breach of a warranty. The provisions of the previous sentence also apply if the buyer was aware of the breach or could have been known by the buyer conducting research.
3. The said warranty does not apply if the defect has arisen as a result of improper or improper use or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 17 – Intellectual property

1. verzinkshop.nl (Verzinkshop) retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model rights, etc.) to all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, models, etc., unless the parties have agreed otherwise in writing.
2. The customer may not copy the said intellectual property rights (or have them copied), shown and/or made available to third parties or used in any other way without the prior written permission of Verzinkshop.

Article 18 – Amendment of general terms and conditions

1. verzinkshop.nl (Verzinkshop) is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major substantive changes will be discussed with the customer as much as possible in advance by verzinkshop.nl (Verzinkshop).
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 19 – Applicable law and jurisdiction

1. Any agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where verzinkshop.nl (Verzinkshop) is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If, in legal proceedings, one or more provisions of these general terms and conditions are considered to be unreasonably onerous, the other provisions will remain in full force and effect.