BAVIB GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
Heiloo, August 2016
Article 1: General
1.1 These are the General Terms and Conditions of Sale and Delivery of BaVib, also trading under the names Scheurmeter and Bakker Vibraties, with its registered office at Zeekamplaan 24, Heiloo. BaVib is registered with the Chamber of Commerce in Alkmaar under number 37116496
1.2 These general terms and conditions apply to all offers, orders and agreements entered into by BaVib.
Article 2: Placing an order and conclusion of the agreement
2.1 Orders may be placed via http://www.mijnwebwinkel.nl/winkel/scheurmeter/. An order confirmation will be sent by email.
2.2 By placing an order, the buyer indicates their agreement to these terms and conditions, and the order is deemed to be a “binding order with an obligation to pay”.
2.3 BaVib reserves the right to refuse an order in the event of the deliberate provision of incorrect details, a history of non-payment, or other circumstances where BaVib considers the financial risk of supplying the goods to be too great. Acceptance of an order may therefore be subject to additional conditions, such as payment in advance.
2.4 In the event of the deliberate provision of incorrect details or any other form of attempted fraud, BaVib will report the matter to the police.
2.5 The contract is concluded once BaVib has accepted the order.
2.6 Before finalising the order, the buyer must check the contents of the order and their details for accuracy. Due to the speed of packing and dispatch, BaVib may not be able to make any further changes. Any costs arising from the provision of incorrect details or the omission of correct details (purchase receipt) will be passed on to the buyer.
Article 3: Prices
3.1 Unit prices are quoted in euros, excluding 21% VAT, postage, administration charges and packaging costs. These costs are calculated once per order and depend on the total order value.
3.2 BaVib may adjust its prices at any time. Price changes do not affect contracts already concluded.
Article 4: Delivery
4.1 Orders are normally dispatched on the following working day. The delivery time is provided as a guide and not as a strict deadline.
4.2 BaVib is obliged to adhere to this delivery time as far as possible. However, BaVib cannot be held liable for any delay in delivery that was reasonably unforeseeable at the time the contract was concluded. In such cases, BaVib has the right, in consultation with the buyer, to extend the delivery time or to cancel the contract.
4.3 BaVib has no control over delays caused by the carrier and cannot be held responsible for them.
4.4 If the ordered item is out of stock, BaVib will inform the buyer accordingly.
4.5 If delivery does not take place within 30 days, unless otherwise agreed, the buyer is thereafter entitled to cancel the order and to reclaim any sums already paid. In this case, any sums already paid will be credited within 14 days.
4.6 If a consignment is refused or not collected, BaVib is entitled to recover the transport costs incurred from the buyer.
Article 5: Transport and Risk
5.1 Unless the buyer has provided BaVib with further instructions, the method of transport, dispatch and packaging shall be determined by us in accordance with good commercial practice. Any specific requests from the buyer regarding transport or dispatch shall only be carried out if the buyer has agreed to bear the additional costs involved.
5.2 The buyer must check the contents of the parcel upon delivery. In the unlikely event that the order is incomplete or incorrect, the buyer must contact us as soon as possible after receipt on 0617 686 431 or by email at s.bakker@scheurmeter.nl.
5.3 All consignments are dispatched by BaVib on an extended liability basis. The risk of damage to or loss of a consignment en route to the buyer is therefore borne by BaVib. Once the items have been accepted by the buyer, the risk of damage or loss passes to the buyer.
Article 6: Payment
6.1 The payment options are:
* Payment on invoice
* Prepayment
6.2 Payments on invoice must be credited to our accounts within thirty (30) days of the invoice date, unless otherwise agreed.
6.3 Prepayment can be made via iDEAL, bank transfer or giro. In the case of payment by bank transfer, the date of payment shall be the date on which BaVib’s bank account is credited.
6.4 BaVib reserves the right at all times to deviate from the method of payment chosen by the buyer and to impose additional conditions.
6.5 If the payment deadline is exceeded, the buyer shall be in default from the day on which payment was due and shall owe default interest of 1% per month or part thereof on the outstanding amount from that day. In the event of late payment following a reminder from BaVib, the buyer is also obliged to reimburse BaVib for the collection costs incurred, including both judicial and extrajudicial costs of recovery, which shall amount to at least 15% of the outstanding amount.
6.6 If the payment deadline is exceeded, all discounts or any price agreements shall lapse.
6.7 If the buyer is in default of any payment, BaVib is entitled to suspend or terminate any further agreements.
6.8 If an order form is requested retrospectively without having been sent, the invoice will be increased by €25.00 (excl. VAT) to cover administration costs.
Article 7: Retention of Title
7.1 Delivered goods remain the property of BaVib until all payment obligations have been met. However, the risk in respect of goods already delivered passes to the buyer at the time of delivery.
Article 8: Warranty
8.1 The buyer may not invoke the warranty in the event of:
- Normal wear and tear.
- Improper use and/or failure to follow the instructions for use.
- Modifications have been made to the item.
- Damage caused by wilful misconduct or gross negligence.
- The buyer and/or third parties engaged by the buyer have, on their own initiative, carried out or arranged for repairs to be carried out on the delivered goods during the warranty period.
8.2 The buyer is obliged to notify BaVib of their claim by email. The replacement item will be sent with return packaging so that the replacement item can be returned.
8.3 The warranty shall lapse if the buyer has not fulfilled their payment obligation.
8.4 BaVib shall under no circumstances be obliged to pay any compensation to the buyer or any third party, unless there is evidence of wilful misconduct or gross negligence on the part of BaVib.
Article 9: Returns
9.1 Upon receipt of the goods, the buyer has the right to withdraw from the contract within 14 days without giving any reason.
9.2 Following termination, the buyer must return the order within 14 days.
9.3 Items must be unused, complete, undamaged and in their original packaging. Items manufactured to the buyer’s specifications and items purchased other than via www.scheurmeter.nl or one of BaVib’s other websites are excluded from return.
9.4 Returns must always be sent via a track-and-trace service, with sufficient postage, securely packaged and in similar packaging. Postage costs are to be borne by the buyer.
9.5 Any payments already received will be refunded by BaVib upon acceptance of the return, no later than 14 days after BaVib has received the returned goods. If only part of an order is returned, the delivery charges for the original shipment will always remain at the buyer’s expense.
Article 10: Product Information
10.1 BaVib takes the utmost care in providing information about the items. However, BaVib is not liable for any incorrect specifications and/or other descriptions of the items provided by it.
10.2 Images shown are for illustrative purposes only and may differ from the actual product. Differences in images shall not give rise to a claim for compensation and/or cancellation of the purchase.
Article 11: Privacy
11.1 BaVib attaches great importance to the privacy of its customers. All personal data is therefore handled with care and stored securely. In doing so, BaVib strictly complies with all applicable legal regulations governing personal data.
BaVib uses the personal data provided by the buyer to process the order and, provided the buyer has given their consent, for marketing purposes.
11.2 BaVib will not disclose personal data to third parties, unless this is necessary for the processing of the payment.
11.3 Personal data may be amended at the buyer’s request.
Article 12: Disputes
12.1 These general terms and conditions of sale and delivery are governed by Dutch law.
12.2 Disputes shall be resolved by mutual agreement wherever possible.
12.3 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands. The court’s ruling shall be binding on all parties.
12.4 If we are unable to resolve the complaint to your satisfaction, you may submit the complaint to the European Online Dispute Resolution (ODR) platform. You can find this organisation via this link: http://ec.europa.eu/consumers/odr/ .
For businesses: if an invoice is returned due to missing details that you are required to provide, the invoice amount will be increased by at least €25.00.
Delivery time
– Prepayment: 5 days or longer.
– On account: usually within 5 days.
– Longer delivery times during school holidays.