General terms and conditions
General terms and conditions of delivery and payment, hereinafter referred to as "Terms and Conditions" of the private limited liability company E-quipment BV, with registered office in Almere, hereinafter referred to as E-quipment, filed with the Chamber of Commerce in Almere under number 32155264
A. Definitions
1. In these terms and conditions, Purchaser shall be understood to mean: any natural person or legal entity who enters into an agreement with E-quipment to which these Terms and Conditions have been declared applicable.
Agreement: any agreement relating to the delivery of articles by E-quipment to the Customer.
Offer: any non-binding proposal sent by E-quipment to the Purchaser with the aim of concluding an Agreement, whether or not via electronic means.
Articles: any articles offered, to be delivered or delivered by the Entrepreneur on the basis of the Agreement.
Written: in writing or by email.
B. Applicability
These general terms and conditions apply to every quotation, offer and Agreement between E-quipment and Purchaser, unless expressly deviated from in writing by both parties.
The applicability of any purchasing conditions or other (general) terms and conditions of the Purchaser are expressly rejected.
If one or more provisions in these terms and conditions are at any time wholly or partially annulled or null and void, the remainder of these general terms and conditions shall remain fully applicable. E-quipment and the Purchaser shall then consult together to agree on new provisions to replace the void or annulled provisions. In doing so, the purpose of the original provisions shall be observed as much as possible.
If there is any ambiguity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation will take place in the spirit of these provisions.
All agreements in these general terms and conditions and in any additional agreements for the benefit of E-quipment are also stipulated for the benefit of intermediaries and other third parties engaged by E-quipment.
C. Offers/quotations
E-quipment: the private limited company E-quipment established in Almere (1327 AA), at Veluwezoom 5, trading under VAT number: NL820961863B01 and Chamber of Commerce number 32155264;
Every Offer and quotation from E-quipment on the website(s), in mailings and by telephone is without obligation and can always be revoked by E-quipment, unless expressly stated otherwise by E-quipment.
Obvious mistakes or errors in the Offer do not bind E-quipment.
D. Ordering and conclusion of the agreement
If the Customer places an order, the Agreement will only be concluded when E-quipment accepts it by e-mail.
Orders can be placed on the E-quipment websites, by email or by telephone.
Additional conditions may be attached to the acceptance of orders, such as prepayment.
If acceptance of an order for a specific article proves impossible for whatever reason, E-quipment will attempt to supply a comparable article in consultation with the Purchaser.
E-quipment has the right at all times to verify an order in advance or to refuse it without giving reasons. This will be communicated to the Purchaser by E-quipment as soon as possible.
E. Prices
The prices on the websites of Entrepreneur are in euros and are current prices. All prices of E-quipment are subject to technical and typing errors.
All prices include VAT and exclude the costs of transport, shipping and statutory contributions unless stated otherwise.
E-quipment is not bound by the prices stated by it if E-quipment indicates that the quotation or a part of the quotation is an obvious mistake or contains a printing or typographical error, mistake or typographical error.
E-quipment is entitled to adjust the prices or parts thereof if a statutory price-determining factor gives reason to do so.
Price changes mentioned in this article will be communicated to the Purchaser as soon as possible in a customary manner. Failure to receive a notification of price change does not entitle to delivery at prices previously stated by E-quipment.
F. Delivery, transport and risk
E-quipment determines the method of transport and the carrier. E-quipment may assume delivery from the collection point or street address specified by the Purchaser. The ordered article is at the Purchaser's risk from delivery, even if ownership has not yet passed to the Purchaser.
E-quipment will attempt to deliver the order with the usual speed. In the event of a delay, E-quipment will inform the Purchaser of this in good time, both in the event of a delay of the entire order or a part thereof.
All (delivery) terms stated by E-quipment are approximate and are determined on the basis of the data and circumstances known to E-quipment when entering into the Agreement. The agreed or stated delivery time is never a fatal term, unless expressly agreed otherwise.
E-quipment reserves the right, but is not obliged, to deliver the order in parts. No additional costs are associated with partial deliveries or subsequent deliveries, unless expressly agreed otherwise.
If an order delivered by E-quipment contains items that were not ordered by the Purchaser, the Purchaser must report this to E-quipment immediately upon receipt. The right to return these items expires as soon as the Purchaser uses or resells the incorrectly delivered items. E-quipment will then charge the Purchaser for these items.
The Purchaser is obliged to accept the purchased items at the time they are made available to the Purchaser or at the time the purchased items are delivered to the Purchaser. If the Purchaser refuses to accept the items or fails to provide information or instructions necessary for delivery, the items will be stored for a maximum of 3 weeks at the Purchaser's expense and risk. In that case, the Purchaser is liable for all additional costs, including in any case storage and insurance costs.
G. Payment
Payment is made by bank transfer using the options offered by E-quipment, unless otherwise agreed.
E-quipment always has the right to request (partial) advance payment or other security for payment from the Purchaser.
Payment must be made in euros without any offset, discount or suspension for any reason whatsoever.
E-quipment reserves the right not to accept a proposed payment method in special cases. E-quipment will inform the Buyer of this, whereupon the order will be sent after advance payment.
After the payment term has expired, E-quipment has the right to charge the Purchaser extrajudicial collection costs.
The extrajudicial collection costs referred to in the previous paragraph amount to:
- 15% of the principal amount on the first €2,500.00 of the claim (with a minimum of €40.00);
- 10% of the principal amount on the next €2,500.00 of the claim;
- 5% of the principal amount on the next €5,000.00 of the claim;
- 1% of the principal amount on the next €190,000.00 of the claim;
- 0.5% on the excess of the principal with a maximum of € 6,775.00.
In the event of non-payment in full by the Purchaser, E-quipment shall have the right to terminate the Agreement, without notice of default, by means of a Written statement or to suspend its obligations until the Purchaser has paid. E-quipment shall also have this right of suspension if, even before the Purchaser is in default of payment, it has well-founded reasons to doubt the Purchaser's creditworthiness.
The Purchaser is not entitled to offset any amount owed by the Purchaser to E-quipment.
E-quipment reserves the right to hold or cancel an order from a Customer until E-quipment has confirmed payment of the invoice from the Customer to its account.
Invoices will be sent to the email address provided by the Customer. Customer can change the email address and the method of sending invoices by contacting E-quipment or by making changes in his customer account. If E-quipment decides to send invoices by post upon request, E-quipment reserves the right to charge a surcharge for shipping costs.
Complaints about invoices must be submitted in writing within five working days after the date of dispatch of the invoices.
E-quipment has the right to request a 100% down payment from newly registered companies.
H. Retention of title
E-quipment retains ownership of all items delivered and to be delivered to the Purchaser until the Purchaser has fulfilled all its payment obligations to E-quipment. Including the purchase price to be paid, possibly increased by costs for attributable failure of the Purchaser, such as payment of damages, extrajudicial collection costs and interest.
The Purchaser undertakes to store the articles with care as long as E-quipment retains title to them.
I. Defects, complaint periods and warranty
E-quipment guarantees that the goods delivered correspond to the agreement, provided that minor deviations in specified sizes, weights, quantities, discolourations and minor mutual colour deviations, etc., that are accepted in the industry, do not constitute a shortcoming on the part of E-quipment.
The Purchaser must report any complaints about this in writing to E-quipment within 5 working days after delivery.
If the Purchaser does not report any defects or complaints within the period of 5 working days, his complaint will not be processed and his rights will lapse.
4. 5. 6.Legal claims and defenses against E-quipment that the delivered articles do not correspond to the agreement expire after a period of one year after delivery. Any claim of the Purchaser of the delivered articles also expires in any case if:
- the defects are caused by normal wear and tear, unskilled or incorrect handling or by incorrect maintenance and storage of the articles;
- the article can no longer be identified as originating from E-quipment.
If the articles demonstrably do not comply with the Agreement, E-quipment may choose to either repair the articles in question upon return, or replace them with new articles or refund the invoice value thereof.
J. Dissolution
1. E-quipment always has the right to terminate the agreement without further notice of default by means of a written notice to the Purchaser at the time when the Purchaser:
- is declared bankrupt or an application for bankruptcy has been made;
- is affected by an execution order;
- requests (provisional) suspension of payments;
- is placed under guardianship or administration;
- or otherwise loses the power of disposal or legal capacity with respect to his assets or parts thereof.
K. Force Majeure
The delivery period referred to in these conditions will be extended by the period during which E-quipment is prevented from fulfilling its obligations due to force majeure.
Force majeure on the part of E-quipment shall apply if, after the conclusion of the agreement, E-quipment is prevented from fulfilling its obligations arising from this agreement or from preparing for them as a result of war, terrorism, riot, flooding, fire or water damage, strikes, import and export restrictions, government measures, all of this both in the company of E-quipment and with third parties from whom E-quipment must obtain the necessary materials in whole or in part, as well as during storage or transport and by all other causes beyond the control or risk of E-quipment.
L. Liability
1. E-quipment is not liable for direct damage in the performance of an agreement, except in the case of intent. In any case, E-quipment is never liable for indirect damage, including consequential damage, financial loss, lost profit, missed savings and damage due to business stagnation. The liability of E-quipment is in any case limited to the amount that is paid out for the relevant case according to the liability insurance of E-quipment. If for whatever reason the liability insurer does not pay out, the liability of E-Quipment is limited to the invoice amount of the articles.
2. E-quipment cannot be held liable for the failure to achieve performance or properties of the articles, unless these have been specifically and expressly guaranteed by E-quipment.
M. Disputes and applicable law
The agreement concluded between E-quipment and the Purchaser is exclusively governed by Dutch law.
Any disputes will be submitted exclusively to the competent court in the place where E-quipment is established.