Allgemeine Geschäftsbedingungen- Van Beek Lederwaren Zwolle

Allgemeine Geschäftsbedingungen

All the terms and conditions of the webshop on the internet of the private partnership Van Beek Lederwaren B.V., settled in Zwolle, Netherlands, are enrolled at the Kamer van Koophandel in Zwolle, to be found under number 05034259.

These terms and conditions are necessairy to be read carefully. In case you use the services of Van Beek Lederwaren B.V., these conditions will be applied. They include inmportant information about your rights and duties.

Article 1 - Definition
In these Terms and conditions, defenition will be known as:
1. Van Beek Lederwaren B.V., settled in Zwolle, Netherlands, on the adress: Grote Markt 4-5, NL-8011 LV.
2. Customer: Buyer that closed a agreement with Van Beek Lederwaren, trough internet, in any kind.
3. Services: The pursuant between a customer and Van Beek Lederwaren closed agreement, both need to supply their prestations, in any kind.
4. Offer: Every contact, email and telephonic, between a customer and Van Beek Lederwaren B.V., has as goal to close an agreement.
5. Agreement: Every appointment, email and telephonic, between a customer and Van Beek Lederwaren has as goal for Van Beek Lederwaren to deliver one of more services.
6. Terms and Conditions: The terms and conditions on the website are entered by Van Beek Lederwaren
7. Inlogcode: A combination of an emailadres and a password, or any other code that a customer uses to identificate themselves or to log in at the website.

Article 2 - General
2.1 The terms and conditions are for appliance for a agreement, content and compliance or any other part of an agreement.

2.2 Deviations of the terms and conditions aren’t valid, unless there is a clear by letter agreement between the customer and Van Beek Lederwaren.

2.3 In case there are one or more of the provisions of the terms and conditions void and aren’t applying, the remainder provisions are unabrigd applied.

Article 3 - Special offers
3.1 Every offer put togheter by Van Beek Lederwaren, in any kind, is for non-commital time. Unless there is a clear by letter agreement.

3.2 Every image, drawing en data concerning weights, measurements, colors, etc. only supplies at approaching. Deviations of the real products won’t have any motive for damage compensation.

3.3 The prices of Van Beek Lederwaren are subject to changes. The prices aren’t valid as a offer.

Article 4 - Command
4.1 The customer is completely responsible for the correctness of the data, that has to be filled in with an agreement.

4.2 When the customer places a command at Van Beek Lederwaren he has to identify himself, this will be through a inlog code. Van Beek Lederwaren can’t guarantee the safety of possible of the interception of the data. Van Beek Lederwaren also can’t be made responsible for this. Van Beek Lederwaren trust the customers that when there is made an agreement on a command, the customers fill in everything with the right data.

4.3 Van Beek Lederwaren trust the customers that when there is made an agreement on a command, the customers fill in everything with the right data. Van Beek Lederwaren has the obligation to deliver and invoice to the customer who logged in with his personal inlogcode. The customer only is liable for keeping his by Van Beek Lederwaren granted inlogcode secret.

4.4 In case of lost of abuse of the inlogcode with the result of damage for Van Beek Lederwaren, the customer will be responsible for this. By lost, abuse, or attemp to abuse the inlogcode, Van Beek Lederwaren must be acquinted and to take every measure to prevent this.

Article 5 - Creation of agreement
5.1 An agreement will be created after Van Beek Lederwaren confirmed an command through email or after that Van Beek Lederwaren started the command. The confirmation of the command will be right and completly displayed, unless the client object by letter or by email within 24 hours.

5.2 Additions or changes on an agreement, only bind Van Beek Lederwaren, as far as they are informed by letter or by email.

Article 6 - Prices
6.1 All the prices and rates are in euro’s and BTW included. Other charges wich are imposed by the government also like included the shipping costs.

6.2 The prices are based on the quotes, payments, taxes, rights, charges etc. In case of increasing of one or more costprices, Van Beek Lederwaren is entitled to higher the prices, regardless if the change was foreseeable for Van Beek Lederwaren at time the agreement closed.

Article 7 - Payments
7.1 Unless clearly by letter has agreed different, the payment has to happen in the way that Van Beek Lederwaren indicated on the website.

7.2 Unless clearly by letter has been a different agreement between the customer and Van Beek Lederwaren, the payment will happen without any different calculation.

7.3 When the customer has a debt or recovery costs, they will have to pay these first. Once these are payed you’ll have to pay the original bill.

7.4 In case the customer does not pay for the costs within the agreed terms, Van Beek Lederwaren has the right to reckon up rent on the bill. This rent will be calculated from the day the customer is late with the payment. All the other costs that will come over this will also have to be paid by the customer. The height of the remaining costs are 15% of the total price, with a minimum of € 225,-

Article 8 - Ownersreservation
8.1 Every delivered order stay property’s of Van Beek Lederwaren until the customer satisfied every payment obligation that is noticed in the agreement.

8.2 The customer is obligated to pay the whole delivery by Van Beek Lederwaren, until then the order will stay at Van Beek Lederwaren. When everything, including any additional costs is payed for the order will be delivered.

8.3 In case the customer does not satisfy to any obligation, in particular the payment obligation. Then van Beek Lederwaren has the full right to take back the order, and to bring the damage and interest costs in bill by the customer.

8.4 The customer is obligated, according to the above, to take care of the delivered orders when the payment hasn’t fulfilled or hasn’t fulfilled completely.

8.5 The customer has the obligation to keep the delivered order separate and stored until every payment had fulfilled.

8.6 The customer is obligated to insure the products for fire, water and exploding damage, or theft that are still property of Van Beek Lederwaren. Also Van Beek Lederwaren has the right to look into the insurance.

Article 9 - Period and delivery
9.1 Every delivery terms called by Van Beek Lederwaren are noticed at every agreement and is based on the data and circumstances that are known at Van Beek Lederwaren. The noticed period for delivery will never be known as a fatal period.

9.2 Van Beek Lederwaren has the obligation to deliver within is period, when this isn’t pursued, by any cause, the customer has the right to a damage compensation.

9.3 In case the agreement was that the delivery’s will happen in different phases, Van Beek Lederwaren has the right to wait with the delivery until the customer had fulfilled the payment of the last delivery. In case of delivery’s in different phases Van Beek Lederwaren also has the right to send the bill in phases.

9.4 In case the goods are available for the customer, but the customer hasn’t fulfilled his payment obligation in the agreed terms, the goods will be stored for his own bill and risk.

9.5 Unless by letter has agreed different, the delivery will be send from the warehouse, from the moment the goods are in delivery, all the risks of lost, damage, perish etc. No matter what the cause is, this will be responsibility of the customer.

9.6 The accepted orders will happen within 30 days, unless there has been an agreement over an longer delivery term. In case the delivery gets delayed, or in case the delivery can only be partially delivered, or not at all, the customer will get a notice of this within one month, after he ordered his goods. In this case the customer has the right to dissolve the agreement, with no further costs for the customer.

Article 10 - Transport
10.1 Van Beek Lederwaren determines the way of transportation, shipment, packing etc. Shipment of goods are under costs and risks for the customer. Van Beek Lederwaren is obligated to get a transport insurance in case Van Beek Lederwaren has an agreement by letter.

Article 11 - Advertising
11.1 The customer is obligated to in check the delivery on defects, immediately after delivery.If there are any defects on the delivered goods, the customer has the obligation to report this at Van Beek Lederwaren within 7 days after the delivery. Make sure the notice of the defects are very clear, reported by letter and to mention the kind of defect and the order number. When this limit is over, the customer has approved the goods and agreed that there are no defects.

11.2 Slightly defects in quality of the delivered goods, which are technically unavoidable, can’t be a reason for breaking the agreement.

Article 12 - Right of Recall
12.1 The customer is obligated to check the goods on defects directly after the delivery. The customer has the right to use the right of recall without any reason, within fourteen (14) days after the delivery. Software or any other product where from the seal has been broken, or any personified products this right of recall does not apply.

12.2 The customer can only use the right of recall when the products are complete, un-used, un-damaged and returned in their original packing. The retour sending has to be back the 21st day after the delivery and in property of Van Beek Lederwaren. The risk of delivery and the prove of it, are based with the customer. The customer has to put the retour form with the delivery, this form can be found on the website.

12.3 In case the customer uses the right of recall, as mentioned above, then Van Beek Lederwaren will make sure the repayment will happen within 14 days, after returning the goods.

12.4 Articles which has not in her collection, and which are specially ordered on special demand for the custommer, have to be paid in advance. These special ordered goods can not be returned to, there is no recall.

Article 13 - Guarantee
13.1 The guarantee which is related to the Van Beek Lederwaren are limited, as for the content or for the duration.

13.2 Guarantee provisions are only valid for the intended use of the delivered goods.

Article 14 - Liability
14.1 Van Beek Lederwaren is never obligated to compensation for direct or indirect damage to the goods, arising from defects on delivered goods or services that are not well working. Every liability for data lost, with any cause. Included delay in the delivery time if goods and services, is clearly not included.

14.2 For damage with any cause, that is caused by incorrect, careless or incompetent use, or by use for any other normal goals by goods delivered by Van Beek Lederwaren, then Van Beek Lederwaren is not liable.

14.3 The customer indemnify Van Beek Lederwaren and her employees for claims, for compensation of material and immaterial damage, which is caused direct or indirect by use by Van Beek Lederwaren, unless the damage is the continuation of premeditation or rough use by the employees of Van Beek Lederwaren.

14.4 The liability of Van Beek Lederwaren of the closed agreement with the customer is under every circumstances limited to the invoice price inclusive VAT.

14.5 Any claims of the customer has to be submitted within 8 working days after the agreement.

Article 15 - Decomposition
15.1 The customer is being asked to be in default and the remaining debt will be immediately payable in case of:
a. The customer any obligation of the agreement, in particular the payment, hasn’t accomplished or not in time;
b. Van Beek Lederwaren good reasons has to fear that the customer won’t accomplish to the agreement;
c. The customer requests his own bankruptcy;
d. of death.

15.2 Van Beek Lederwaren has in the cases of 15.1 the right to gain damage compensation and accruing right like expired rent or costs or damage compensation:
a. The agreement completely or partly dissolved including a reason by letter and/or ...
b. Any by customer has a un-payed dept to Van Beek Lederwaren and/or ..
c. To call in the article 8 established owners reservation

Article 16 - Right and forum choice
16.1 On every between customer and Van Beek Lederwaren closed agreements and from arising legal relations is only applicable in Holland.

16.2 Every disputes arising from the related with the agreement on which these conditions are applicable will be settled by the competent judge.

Terms and conditions version June 2017