Terms and conditions for delivery to consumers and businesses

From: BBS Industrie BV, located at Veersedijk 103, 3341LL Hendrik ido Ambacht / Chamber of Commerce number: 63832607

Article 1: Definitions

These conditions mean: • Cooling-off period: the period within which the client may benefit from his right of withdrawal; • Client: (natural) person who may or may not be acting in the pursuit of his profession or business; • Day: calendar day; • Right of withdrawal: the possibility of the client to opt out of the distance agreement within the cooling-off period; • User: • Distance Agreement: an agreement whereby, in the context of a user-organised system for distance selling of products, up to and including the conclusion of the agreement, one or more remote communication techniques is made exclusively; • Remote communication technology: means that can be used to conclude an agreement, without the client and the user meeting in the same room; • Terms and conditions: The current General Terms and Conditions of user.

Article 2: Applicability

These terms and conditions apply to all offers made by user and to any distance agreement and orders between user and client. The text of these terms and conditions will be made available before the distance agreement is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be seen by the trader and made available by electronic means or sent free of charge on request. User also mentions the terms and conditions on the website where they can be stored by the client on an external data carrier. If one or more provisions in these terms and conditions are at any time wholly or partially annulled or destroyed, the agreement and these conditions will remain in place for the rest and the provision in question will be replaced by mutual agreement by a provision that approaches the scope of the original as far as possible.

Article 3: The offer

If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer. The offer is non-binding. User is entitled to change and modify the offer. The offer contains a complete and accurate description of the product offered. The description and the images are sufficiently detailed for a proper assessment by the client Manifest errors or apparent errors in the offer do not bind user, All images, specifications in the offer are indicative and may not give rise to damages or termination of the contract. The images of the products are faithfully displayed. User cannot guarantee that the colors displayed exactly match the real colors of the products. Each offer contains such information that it is clear to the client what the rights and obligations are, which are linked to the acceptance of the offer.

Article 4: The Agreement

The agreement is reached at the time of acceptance by the client of the offer and the fulfilment of the conditions laid down. If the client has accepted the offer by electronic means, the user immediately confirms the receipt of the acceptance of the offer by electronic means. If the agreement is concluded electronically, the user will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe road environment. If the client can pay electronically, the user will take appropriate security measures to this end. User can inform himself, within the legal framework, whether the client can meet his payment obligation, as well as all those facts and factors that make sense for a responsible contract. User can request additional information from the client. If, on the basis of the information, the user has good grounds not to enter into the contract, he is entitled to refuse an order or to attach special conditions to the execution.

Article 5: Right of withdrawal

Client only has the possibility to terminate the agreement for 14 days when ordering products in standard sizes. This cooling-off period starts on the day after the client receives the product. Products that have been custom-made on behalf of the client are not subject to a right of withdrawal unless the client can prove that the user has made a mistake in the processing of the contract. During the cooling-off period, the client will carefully handle the product and the packaging. If the client uses the right of withdrawal, the product will be returned in its original condition and packaging. The method of return will be made at the direction of the user. The costs for return are borne by the client. User will refund the amount paid by the client within fourteen days after the product has been received in good condition.

Article 6: Prices

The prices listed with the products are in euro and excluding VAT and exclude (any) shipping costs. The shipping costs are listed on the user's website and apply to the countries listed there. All agreements are concluded on the basis of the prices currently in force. All prices are subject to printing and typing errors. For the consequences of printing and or typing errors, no liability is accepted and the user cannot be required to provide these (erroneous) prices.

Article 7: Conformity and guarantee

In case a sample or example has been shown to the client by the user, this is considered an example and only provided by way of indication. The products eventually delivered may differ from this sample/example unless it is explicitly indicated by user that the product to be delivered will be identical to the sample/example. The user is entitled to supply products that differ from those contained in the agreement in the case of changes required by law, or if such changes are so minor in nature or involve an improvement in the product to be delivered. Slight deviations in the colour scheme or dimensions falling within the prevailing tolerances do not constitute grounds for advertising, destruction or dissolution of the agreement. User shall ensure that the products comply with the agreement's specifications, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. Any defects or mishandled products must be reported in writing to users within 7 days of delivery (including email). Return of products must be made in the original packaging and in new condition. The user's warranty period corresponds to the factory warranty period. User is never responsible for the final suitability of the products for each (individual) application by the client, nor for any advice regarding the use or application of the products. There is no guarantee if the client has processed or had the products processed if the products have been exposed to abnormal conditions or otherwise treated carelessly or have been treated in violation of the instructions. If a liability will arise on the part of the user, this liability is limited to the maximum amount of the order to which the liability relates. Any consequential damage or items placed on the product are not covered by liability and are not eligible for compensation.

Article 8: Delivery and execution

User will take the utmost care in the implementation of the agreements. User strives to deliver the agreement within two working days of receipt of payment from the client. No rights can be derived from this endeavour. If the agreement cannot be delivered within two working days, the user will inform the client. User is not liable for any consequential damage caused by a later delivery nor is the client entitled to compensation.

Article 9:

User uses two payment options: iDEAL, Bankconant. The amount due must be credited to the user's account immediately after the agreement has been concluded. If user has to engage third parties or otherwise have to incur costs in order to collect the amount due, upcoming costs involved (both extrajudicial and costs for legal proceedings) on behalf of the client.

Article 10: Technical requirements and standards

If the products to be delivered are used outside the Netherlands, and these products comply with the technical requirements or standards required by that country, the user shall be solely responsible for the supply of products that meet those said technical requirements and/or standards when the client has made a written notification of the specific legal technical requirements and standards in force before the conclusion of the contract and has also been part of the agreement. Also, all other technical requirements placed by the client on the products to be delivered and which differ from the normal specifications of the production that the user delivers, must be explicitly reported by the client in writing and accepted by user at the conclusion of the contract.

Article 11: Complaints scheme

Complaints about the implementation of the agreement must be made known to the user within 7 days of the finding, fully and clearly defined. User endeavours to respond in substance within 14 days of the entry of the complaint. if the complaint is well founded, the user will make an effort and will also offer an appropriate solution within a reasonable period of time after receiving the complaint, but at the latest within one month. Article 12: Disputes On these terms and conditions, Dutch law applies. If the client is not resident in the Netherlands or the company is not established in the Netherlands, it is also only dutch law. The Vienna Convention on Purchase does not apply.

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