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Terms and Conditions METAPLASTICS BV
On these terms and conditions, Article 6: 227c paragraph 1 of the Dutch Civil Code does not apply.
Article 1 – Scope
Under www.kleerhangerstore.nl is understood in these terms and on the website:
The Private Limited Liability Company, METAPLASTICS BV;
Registered in Pijnacker, The Netherlands;
At the address:
2641 PC PIJNACKER
2641 PC PIJNACKER
Phone number: 015-3697233
Email address: firstname.lastname@example.org
Registration in the Commercial Register with VAT number: 27224386
VAT number: NL808919891B01
These terms and conditions apply to any established remote agreement – through, for example, a customer order (hereinafter “buyer”) placed at METAPLASTICS BV at www.kleerhangerstore.nl – and delivery between METAPLASTICS BV and buyer. A reference by the buyer to its own terms of purchase or purchase and its applicability is explicitly rejected by METAPLASTICS BV.
By placing an order, buyer agrees to be bound by these terms and conditions and declares that buyer has read and understood it.
The terms and conditions can be sent upon request, and the terms can also be consulted at any time on the above website.
Article 2 – Conclusion of the agreement
The agreement will be reached at the time of receipt by METAPLASTICS BV of acceptance of the offer by the buyer, by placing an order at METAPLASTICS BV.
METAPLASTICS immediately confirms the buyer’s receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed, the buyer may terminate the agreement.
METAPLASTICS BV reserves the right not to accept orders without giving reasons.
The buyer providing (NAW) data under the agreement ensures that they are correct, complete and up-to-date. The buyer is obliged to report METAPLASTICS BV without delay to any incorrect or stated payment information.
By placing an order, you acknowledge that you agree with the delivery and payment terms. METAPLASTICS BV reserves the right to change its delivery and / or payment terms after the expiration of the term.
Article 3 – Offers
Offers are free of charge, unless stated otherwise.
Upon acceptance of a non-binding offer by buyer, METAPLASTICS BV reserves the right to revoke or vary the offer within 3 working days of receipt of such acceptance.
Oral commitments link METAPLASTICS BV only after they have been confirmed explicitly and in writing.
Offers from METAPLASTICS BV do not automatically apply for reset orders.
METAPLASTICS BV can not be held to its offer if the buyer should have understood that the offer, or any part thereof, contained a manifest error or write-off.
Supplements, amendments and / or further arrangements are only valid if agreed in writing.
Article 4 – Prices and payment
The prices mentioned in the offer of products are (unless stated otherwise) including VAT and in Euro, and are subject to printing and printing errors. No liability is accepted for the consequences of printing and erroneous errors. Prices are exclusive of shipping costs, which can be disclosed separately at the end of the order.
The prices mentioned in the previous paragraph will not be increased by METAPLASTICS BV after the agreement has been concluded, unless legal measures necessitate this or if interim price increases have been made. In that case, the buyer is authorized to dissolve the agreement by writing in writing to METAPLASTICS BV.
Payment can be made using the payment options listed on the website and subject to the conditions stated.
METAPLASTICS BV can inform itself if the buyer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the validity of an agreement. If METAPLASTICS BV has grounds for not entering into the contract, METAPLASTICS BV is entitled to refuse an order or application or to attach special terms to the execution.
Article 5 – Images and specifications
All product images as well as related specifications, sizes and data as shown on the METAPLASTICS BV website are only approximate. The product delivered to the buyer may differ in size, size, etc. to a certain extent from these images or specifications. This does not mean that The product does not respond to the agreement and can not be a source of damages or dissolution of the agreement.
2. No errors or mistakes in respect of paragraph 1 of this article and the Article 4 paragraph 1 do not bind METAPLASTICS BV.
Article 6 – Delivery
1. METAPLASTICS BV will take the utmost care when receiving and executing orders. The delivery times mentioned here and on the website are valid as an indication. These rights can not be derived from the buyer.
2. The place of delivery is the address that the buyer has notified to METAPLASTICS BV. If not agreed otherwise, METAPLASTICS BV only provides specified physical addresses within the Netherlands or Belgium. An order for delivery to an address outside of the Netherlands or Belgium will in principle not be carried out unless further agreements have been made with the buyer.
3. METAPLASTICS BV is entitled to deliver in portions (partial guarantees), which may be billed separately.
4. METAPLASTICS BV will accept orders with appropriate promptness after the agreement has been concluded, but no later than 30 days after that. If delivery is delayed after 30 days, buyer will receive as soon as possible after receiving notice from METAPLASTICS BV. METAPLASTICS BV is then in default if it has been flawed by the buyer through a notice giving METAPLASTICS BV a reasonable time limit for delivery, and whenever compliance persists. In that case, the buyer has the right to dissolve the agreement at no cost (for a portion). A different delivery period may also be agreed or agreed to deliver another product.
5. If an order can not be executed or only partially, the buyer will receive it as soon as possible after METAPLASTICS BV has received this notice. In that case, the buyer has the right to dissolve the agreement at no cost (for a portion).
6. In case of dissolution in accordance with paragraphs 4 and 5, METAPLASTICS BV will immediately refund the amounts paid by the buyer to METAPLASTICS BV immediately. Buyer is not entitled to damages.
7. The risk of the products rests with METAPLASTICS BV until the time of delivery to the buyer, unless expressly agreed otherwise.
8. Delivery takes place while stocks last.
Article 7 – Remittance or withdrawal right
1. After the product has been received by him or a third party (not the carrier), the buyer has 14 days the opportunity to terminate the agreement without giving reasons. This term expires on the day after the product, or upon a partial delivery after all or part of the order has been received or taken by or on behalf of the buyer.
2. In order to exercise the right of withdrawal, the buyer METAPLASTICS BV must inform the seller of his decision by means of an unambiguous statement (eg written by mail, fax or e-mail).
3. Buyer must return the products as soon as possible – but no later than 14 days after the declaration stated in paragraph 2 – in the manner indicated by METAPLASTICS BV as stated on the order site www.kleerhangerstore.nl. The buyer is obliged to make a written notification to METAPLASTICS BV within 14 working days of delivery before returning.
4. Return of the products must be by registered post in the original packaging and in the condition in which the buyer has received it, that is, intact and undamaged. Direct costs of returning the products are at the buyer’s expense.
5. Buyer will carefully handle the products and the packaging during the bedtime. He will only extract or use the products to the extent that it is necessary to assess whether he wishes to maintain the product. Buyer is solely responsible for the depreciation of the products resulting from its use going beyond what is necessary to determine the nature, characteristics and operation of the products. If the goods have been used by the buyer, have been damaged or damaged in any way, the right to dissolve within the meaning of this paragraph shall expire.
6. METAPLASTICS BV will, after a successful withdrawal, refund the amounts paid by the buyer (including initial delivery costs) within 14 days of the date of receipt of the declaration stated in paragraph 2. METAPLASTICS BV may wait for the refund until it has recovered all products, or until the buyer has shown that he has returned the products, whichever comes first. If after the expiry of this period, the buyer has not delivered the items delivered to METAPLASTICS BV Not to refund the additional cost for the more expensive method.
8. The right of withdrawal does not apply to goods or services whose price is subject to fluctuations in the financial market, on which the supplier has no influence and goods manufactured according to the buyer’s specifications which are of a clear personal character.
9. The right to dissolution relates only to the goods delivered and will in no case relate to services.
Artikel 8 – Eigendomsvoorbehoud
- Indien toepasselijk, behoudt METAPLASTICS BV zich het eigendom voor van alle door METAPLASTICS BV geleverde producten tot op het moment van volledige betaling van de prijs van alle door METAPLASTICS BV aan de koper geleverde of nog te leveren producten (inclusief eventuele verschuldigde rente en/of kosten), uit hoofde van de betreffende overeenkomst of eerdere of latere gelijksoortige overeenkomsten.
- De door METAPLASTICS BV geleverde zaken welke onder het eigendomsvoorbehoud vallen mogen slechts in het kader van een normale bedrijfsuitoefening worden doorverkocht. De koper is niet bevoegd de onder het eigendomsvoorbehoud vallende zaken te verpanden noch op enige andere wijze te bezwaren.
- De koper geeft reeds nu onvoorwaardelijk en onherroepelijk toestemming aan METAPLASTICS BV of een door METAPLASTICS BV aan te stellen derde om, in alle gevallen waarin METAPLASTICS BV haar eigendomsrechten wil uitoefenen, al die plaatsen te betreden waar haar eigendommen zich dan zullen bevinden en die zaken aldaar mee te nemen.
- Indien derden beslag leggen op de onder eigendomsvoorbehoud geleverde zaken dan wel rechten daarop willen vestigen of doen gelden, is koper verplicht METAPLASTICS BV zo snel als redelijkerwijs verwacht mag worden daarvan op de hoogte te stellen.
- De koper verplicht zich de onder eigendomsvoorbehoud geleverde zaken te verzekeren en verzekerd te houden tegen brand, ontploffings- en waterschade alsmede tegen diefstal en de polis van deze verzekering op eerste verzoek ter inzage te geven aan METAPLASTICS BV
Artikel 9 – Garantie en conformiteit
- METAPLASTICS BV garandeert dat de door haar geleverde producten voldoen aan de wettelijke eisen van bruikbaarheid, betrouwbaarheid en levensduur zoals deze door partijen bij de overeenkomst in redelijkheid zijn bedoeld.
- Voor zover mogelijk, is de koper verplicht de geleverde product(en) bij ontvangst onmiddellijk te (laten) controleren. Indien blijkt dat het afgeleverde product verkeerd, ondeugdelijk of incompleet is, dan dient de koper (alvorens over te gaan tot terugzending) deze gebreken zo spoedig mogelijk na ontdekking te melden aan METAPLASTICS BV via de op de website vermelde wijze. Eventuele gebreken of verkeerd geleverde producten dienen schriftelijk aan METAPLASTICS BV te worden gemeld, ingeval van een consumentenkoop binnen 2 weken na ontdekking en in alle andere gevallen binnen bekwame tijd na ontdekking of nadat dat redelijkerwijs ontdekt had moeten worden. Eventuele terugzending van de producten dient te geschieden per aangetekende post in de originele verpakking in de staat waarin de koper deze heeft ontvangen en op de wijze zoals door METAPLASTICS BV aangegeven.
- Indien blijkt dat de geleverde product(en) niet aan de overeenkomst beantwoorden, zal METAPLASTICS BV de geleverde product(en) kosteloos vervangen of herstellen dan wel met de koper een schriftelijke regeling over schadevergoeding treffen.
- De koper kan geen beroep doen op de in lid 1 bedoelde garantie indien de geleverde product(en) aan abnormale omstandigheden zijn blootgesteld, indien koper niet als een zorgvuldig schuldenaar voor het behoud ervan heeft gezorgd of indien deze producten in strijd met de aanwijzingen van METAPLASTICS BV en/of de gebruiksaanwijzing zijn behandeld dan wel indien de koper de geleverde producten zelf heeft gerepareerd en/of bewerkt of door derden heeft laten repareren en/of bewerken.
Article 10 – Force majeure
1. METAPLASTICS BV is not liable if and insofar as its commitments can not be met as a result of force majeure.
2. Force majeure is understood to mean any foreign cause, as well as any circumstance which, in principle, should not be at risk to her. Delay in or malfunctioning by our suppliers, Internet malfunctions, malfunctions in the electricity, malfunctions in email traffic and malfunctions or changes in third party technology, transport difficulties, workstations, government measures, delay in landing, supplier negligence and / Or manufacturers of METAPLASTICS BV as well as auxiliary personnel, staff illness, defects in auxiliary or transport equipment are expressly regarded as force majeure.
3. In the case of force majeure, METAPLASTICS BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. In no case is METAPLASTICS BV to pay any fine or damages.
4. If METAPLASTICS BV has already partially fulfilled its obligations on the occasion of the force majeure or is able to fulfill its obligations only partially, it is entitled to invoice the delivered item or the available part separately and the buyer is obliged to comply with this invoice as It was a separate contract. However, this does not apply if the already delivered or available portion has no independent value.
Article 11 – Liability
1. Any liability of METAPLASTICS BV for damages is excluded, including additional damages in any form, compensation for indirect damage or consequential damages or damage due to loss of profits (suffered by buyer and / or third parties), subject to such designation or Gross negligence on the part of METAPLASTICS BV.
2. METAPLASTICS BV is not liable for errors and / or negligence on the part of its (suppliers) or helpers.
3. If the buyer for any reason, outside of METAPLASTICS BV, can not or may not receive a product because the requirements of Art. 2 (4), METAPLASTICS BV is not liable for the damage resulting therefrom and is not required to provide a replacement product.
4. The liability of METAPLASTICS BV and, consequently, the amount of damages is always limited to at most the invoice amount of the products in question, or (at the option of METAPLASTICS BV) to the maximum in the case concerned by the liability insurance of METAPLASTICS BV Her paid amount.
5. The provisions of this article are without prejudice to the statutory liability of METAPLASTICS BV under mandatory provisions.
Article 12 – Complaints
1. Complaints about the performance of the agreement must be reported within a reasonable time, fully and clearly, via email@example.com or by telephone at METAPLASTICS BV after the buyer has found the defects.
2. Complaints submitted to METAPLASTICS BV will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, METAPLASTICS BV will reply within this deadline with a notice of receipt and an indication when the buyer can expect a more comprehensive response.
Article 13 – Non-consumer Purchase
1. The following clauses of these terms and conditions are not explicitly applicable in the case of an agreement concluded with a buyer acting in the course of an occupation or business:
1. Art. 2 paragraph 2 on the right to dissolution;
2. Art. 4 paragraph 2 on the right to dissolve at increased purchase price;
3. Art. 6 paragraph 4 on the maximum 30-day delivery period;
4. Art. 7 paragraph 1 on the said right of withdrawal;
5. Art. 9 paragraph 3 on recovery and replacement.
Article 14 – Data management
1. If you place an order with METAPLASTICS BV, your data will be included in the METAPLASTICS BV customer base. METAPLASTICS BV adheres to the Personal Data Registration Act and will not provide your information to third parties.
2. METAPLASTICS BV respects the privacy of users of the internet site and ensures the confidentiality of your personal information.
Article 15 – Other provisions
1. If a provision of these terms is declared null and void or non-binding, the other provisions will remain in force and will be agreed upon by mutual agreement which, as far as possible, corresponds to the old provision.
2. The Vienna Sale Convention does not apply.
3. All agreements between METAPLASTICS BV and the buyer subject to these terms and conditions shall be governed by Dutch law.
4. The court of law in the district of The Hague is authorized to hear disputes between METAPLASTICS BV and the buyer, unless METAPLASTICS BV wishes to submit the dispute to the competent court of the buyer’s place of residence, with the exception of Those disputes that belong to the jurisdiction of the district court judge.
METAPLASTICS BV – WWW.KLEERHANGERSTORE.NL 2017