Terms and conditions

General Terms and Conditions Webshop

Introduction

Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

• Definitions
  • Handelsonderneming SVH: based in Zeddam and registered with the Chamber of Commerce under registration number 92824870, trading under the name Handelsonderneming SVH.
  • Website: the website of Handelsonderneming SVH, accessible via www.biminitopkopen.nl and all associated subdomains.
  • Customer: the customer who enters into an Agreement with Handelsonderneming SVH, whether or not acting in the course of a profession or business, and/or who has registered on the Website.
  • Agreement: any arrangement or agreement between Handelsonderneming SVH and the Customer, of which the General Terms and Conditions form an integral part.
  • General Terms and Conditions: these present General Terms and Conditions.
• Applicability of General Terms and Conditions
  • The General Terms and Conditions apply to all offers, Agreements, and deliveries of Handelsonderneming SVH, unless explicitly agreed otherwise in writing.
  • If the Customer includes provisions or terms in their order, confirmation, or acceptance notice that deviate from, or are not included in, the General Terms and Conditions, these are only binding on Handelsonderneming SVH if and to the extent that they have been explicitly accepted by Handelsonderneming SVH in writing.
  • In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms also apply; however, in the event of conflicting terms, the Customer may always rely on the applicable provision that is most favorable to them.
• Prices and information
  • All prices stated on the Website and in other materials originating from Handelsonderneming SVH include VAT and, unless stated otherwise on the Website, other government-imposed levies.
  • If shipping costs are charged, this will be stated clearly and in good time before the Agreement is concluded. In addition, these costs will be displayed separately during the ordering process.
  • The content of the Website has been compiled with the greatest care. However, Handelsonderneming SVH cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Handelsonderneming SVH are therefore subject to obvious programming and typing errors.
  • Handelsonderneming SVH cannot be held responsible for (color) deviations resulting from screen quality.
• Conclusion of the Agreement
  • The Agreement is concluded at the moment of acceptance by the Customer of the offer made by Handelsonderneming SVH and compliance with the conditions set by Handelsonderneming SVH.
  • If the Customer has accepted the offer electronically, Handelsonderneming SVH will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
  • If it appears that incorrect data has been provided by the Customer when accepting or otherwise entering into the Agreement, Handelsonderneming SVH has the right to fulfill its obligation only after the correct data has been received.
  • Handelsonderneming SVH may, within legal frameworks, check whether the Customer can meet their payment obligations, as well as any other facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Handelsonderneming SVH has sound reasons for not entering into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the performance, such as prepayment.
• Registration
  • To make optimal use of the Website, the Customer can register via the registration form/account creation option on the Website.
  • During the registration procedure, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
  • The Customer must keep their login details, username, and password strictly confidential. Handelsonderneming SVH is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens via the Customer's account is the responsibility and risk of the Customer.
  • If the Customer knows or suspects that their login details have come into the hands of unauthorized persons, they must change their password as soon as possible and/or notify Handelsonderneming SVH so that Handelsonderneming SVH can take appropriate measures.
• Execution of the Agreement
  • As soon as the order has been received by Handelsonderneming SVH, Handelsonderneming SVH will send the products as soon as possible, in accordance with the provisions of paragraph 3 of this Article.
  • Handelsonderneming SVH is entitled to engage third parties in the performance of the obligations arising from the Agreement.
  • The Website clearly describes, in good time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
  • If Handelsonderneming SVH is unable to deliver the products within the agreed period, it will notify the Customer. In that case, the Customer can agree to a new delivery date or they will be given the option to dissolve the Agreement free of charge.
  • Handelsonderneming SVH advises the Customer to inspect the delivered products and to report any defects discovered within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
  • As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. If explicitly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to pick up the products, the risk passes upon transfer of the products.
  • Handelsonderneming SVH is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
• Right of Withdrawal
  • This article only applies to the Customer who is a natural person not acting in the exercise of their profession or business.
  • The Customer has the right to dissolve the Agreement concluded at a distance with Handelsonderneming SVH within 14 days after receipt of the product, without giving reasons, free of charge.
  • The period starts on the day after the Customer, or a third party designated in advance by them, who is not the carrier, has received the product, or:
• if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by them, has received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by them, has received the last shipment or the last part;
• for agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by them, has received the first product.
  • The Customer must bear the return costs themselves; if these costs are higher than the regular postal rate, Handelsonderneming SVH will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain for the Customer's own account.
  • Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The Customer will only open the packaging and use the product to the extent necessary to verify the nature, characteristics, and functioning of the products. The premise here is that this inspection should not go further than what the Customer would be able to do in a physical store.
  • The Customer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.
  • The Customer can dissolve the Agreement in accordance with the period set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Handelsonderneming SVH, or by making it clear to Handelsonderneming SVH in another unambiguous way that they are canceling the purchase. In the event of a digital notification, Handelsonderneming SVH will confirm receipt of that notification. After dissolution, the Customer still has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is included.
    
    Products can be returned to:
    
    Handelsonderneming SVH
    Vinkwijk 1
    7038EM, Zeddam
  • Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Handelsonderneming SVH does not have to refund the additional costs for the more expensive method. Unless Handelsonderneming SVH offers to collect the product itself, Handelsonderneming SVH may wait to refund until Handelsonderneming SVH has received the product or until the Customer demonstrates that they have returned the product, whichever occurs first.
  • The Website clearly states, in good time before the conclusion of the Agreement, information about whether or not the right of withdrawal applies and any desired procedure.
  • The right of withdrawal does not apply to:
• Products manufactured by the entrepreneur in accordance with the Customer's specifications;
• Payment
  • The Customer must make payments to Handelsonderneming SVH according to the payment methods indicated in the ordering procedure and possibly on the Website. Handelsonderneming SVH is free to choose the payment methods offered and these may change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
  • If the Customer does not meet their payment obligation(s) on time, they will, after being pointed out by Handelsonderneming SVH that the payment is late and Handelsonderneming SVH having granted the Customer a period of 14 days to still meet their payment obligations, and after failure to pay within this 14-day period, owe the statutory interest on the remaining amount due, and Handelsonderneming SVH is entitled to charge the extrajudicial collection costs incurred by it. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000, with a minimum of € 40. Handelsonderneming SVH may deviate from said amounts and percentages to the benefit of the Customer.
• Warranty and conformity
  • This article only applies if the Customer is not acting in the exercise of their profession or business. If a separate warranty is provided on the products by Handelsonderneming SVH, this applies to all types of Customers, notwithstanding the foregoing.
  • Handelsonderneming SVH warrants that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the Agreement was concluded. If specifically agreed, Handelsonderneming SVH also warrants that the product is suitable for other than normal use.
  • A warranty provided by Handelsonderneming SVH, manufacturer, or importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.
  • If the delivered product does not comply with the Agreement, the Customer must notify Handelsonderneming SVH within a reasonable time after discovering the defect.
  • If Handelsonderneming SVH deems the complaint well-founded, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. The maximum reimbursement is, subject to the Article regarding liability, equal to the price paid by the Customer for the product.
• Warranty for business purchases
  • Handelsonderneming SVH warrants that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the Agreement was concluded. If specifically agreed, Handelsonderneming SVH also warrants that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
  • If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Handelsonderneming SVH within a reasonable time after discovering the defect.
  • If Handelsonderneming SVH deems the complaint well-founded, the relevant products will be repaired, replaced, or (partially) reimbursed after consultation with the Customer.
• Complaints procedure
  • It may always happen that something does not go exactly as planned. We recommend that you first notify us of complaints by emailing info@biminitopkopen.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. For consumers in the EU, it is also possible to register complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to submit your complaint via the platform of the European Union.
• Liability
  • This Article only applies if the Customer is a natural person or legal entity acting in the exercise of their profession or business.
  • The total liability of Handelsonderneming SVH towards the Customer due to an attributable failure in the performance of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).
  • Liability of Handelsonderneming SVH towards the Customer for indirect damage, including in any case – but explicitly not limited to – consequential damage, lost profit, missed savings, loss of data, and damage due to business stagnation, is excluded.
  • Outside the cases mentioned in the previous two paragraphs of this Article, Handelsonderneming SVH has no liability whatsoever towards the Customer for damages, regardless of the grounds on which an action for damages would be based. However, the limitations mentioned in this Article will lapse if and to the extent that damage is the result of intent or gross negligence on the part of Handelsonderneming SVH.
  • The liability of Handelsonderneming SVH towards the Customer due to an attributable failure in the performance of an Agreement only arises if the Customer gives Handelsonderneming SVH notice of default immediately and properly in writing, setting a reasonable term for remedying the failure, and Handelsonderneming SVH continues to fail in the performance of its obligations even after that term. The notice of default must contain a description of the failure that is as detailed as possible, so that Handelsonderneming SVH is able to respond adequately.
  • A condition for the arising of any right to compensation is always that the Customer reports the damage in writing to Handelsonderneming SVH as soon as possible, but at the latest within 30 days after it has arisen.
  • In case of force majeure, Handelsonderneming SVH is not obliged to pay compensation for any damage caused to the Customer as a result.
• Retention of title for business purchases
  • All delivered goods remain the property of Handelsonderneming SVH until all claims that Handelsonderneming SVH has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
  • Before the aforementioned transfer of ownership, the Business Customer is not authorized to sell, deliver, or otherwise alienate these goods, other than in accordance with their normal business and the normal destination of the goods. In addition, the Business Customer is not permitted to pledge these goods or to grant any other right to them to third parties as long as the ownership of these goods has not passed to the Business Customer.
  • The Business Customer is obliged to store the goods delivered under retention of title carefully and as the identifiable property of Handelsonderneming SVH.
  • Handelsonderneming SVH is entitled to take back the goods delivered under retention of title that are still in the buyer's possession if the Business Customer fails to ensure timely payment of the invoices or is in, or threatens to be in, payment difficulties.
  • The Business Customer will grant Handelsonderneming SVH free access to its premises at all times for the purpose of inspecting the goods and/or exercising the rights of Handelsonderneming SVH.
• Personal Data
  • Handelsonderneming SVH processes the Customer's personal data in accordance with the privacy statement published on the Website.
• Final Provisions
  • Dutch law applies to the Agreement.
  • Insofar as not prescribed otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Handelsonderneming SVH is established.
  • If a provision in these General Terms and Conditions proves to be void, this does not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will establish a new provision (or provisions) as a replacement, which will give effect to the intention of the original provision as much as is legally possible.
  • In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.

Handelsonderneming SVH
Vinkwijk 1
7038EM, Zeddam

Phone: 0642663254
E-mail: info@biminitopkopen.nl

Chamber of Commerce number: 92824870
VAT number: NL004980474B89