General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Definitions
In these general terms and conditions, the following words shall have the meaning given to them, unless the context dictates otherwise:
General terms and conditions means these general terms and conditions. Day means calendar day.
Movingfloor-parts.com means the company Movingfloor-parts.com, located at Harselaarseweg 113, in Barneveld and registered in the Trade Register of the Chamber of Commerce under number 08104939.
Customer means any legal or natural person, acting in the exercise of his profession or business, who enters into an agreement or wishes to enter into an agreement with Movingfloor-parts.com.
Website means the website of Movingfloor-parts.com, being https://movingfloor-parts.com/. Our storefront is open to customers by appointment only.
Applicability
1. These general terms and conditions apply to all offers, quotations and agreements made by Movingfloor-parts.com and all resulting obligations with the customer. Insofar as the customer (also) orders other products or services to which special general terms and conditions apply, these are also declared applicable to the agreement between the customer and Movingfloor-parts.com.
2. If the customer declares his own general terms and conditions applicable to an agreement with Movingfloor-parts.com or refers to them, these general terms and conditions will not be accepted by Movingfloor-parts.com and the general terms and conditions of Movingfloor-parts.com will prevail, unless explicitly agreed otherwise at an earlier stage.
3. The general terms and conditions have been communicated to the customer in advance and can always be consulted via the website and can also be downloaded as a PDF file there. The general terms and conditions will be sent free of charge upon request.
4. Everything stipulated in these general terms and conditions and in any further agreements for the benefit of Movingfloor-parts.com is also stipulated for the benefit of third parties engaged by Movingfloor-parts.com.
5. These general terms and conditions do not apply to offers to and agreements with natural persons who are not acting in the course of their profession or business.
Offers / Quotations
1. All offers/quotations made by Movingfloor-parts.com are without obligation and can be revoked by it at any time, even if they contain a deadline for acceptance. Offers/quotations may also be revoked by Movingfloor-parts.com in writing within seven days of receipt of the acceptance, in which case no agreement has been reached between the parties.
2. Offers/quotations can only be accepted in writing (including acceptance by fax or electronic means). Movingfloor-parts.com is nevertheless entitled to accept an oral acceptance as if it had been made in writing. If the customer places an order on the website of Movingfloor-parts.com, this order is final when the customer presses the order button or receives an order confirmation by e-mail. As soon as the customer receives a confirmation by e-mail from Movingfloor-parts.com, a binding agreement is concluded between the parties.
3. Information contained in advertising material in the broadest sense of the word, such as catalogues, price lists, leaflets, websites of third parties, etc., is never binding on Movingfloor-parts.com.
4. Unless explicitly agreed otherwise in writing, specifications of dimensions, weights and other data are estimates that are as reliable as possible.
Price
1. All prices charged by Movingfloor-parts.com are based on the price determining factors known at the time the offer/quote was made.
2. Unless explicitly agreed otherwise in writing, the prices quoted by Movingfloor-parts.com are always exclusive of VAT and exclusive of shipping costs.
3. Movingfloor-parts.com is entitled to adjust the prices or parts thereof for products or services not yet delivered and/or not paid for to any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like.
4. Movingfloor-parts.com is always entitled to adjust the prices immediately if a legal price determining factor gives cause to do so.
Payment
1. Movingfloor-parts.com is at all times entitled to demand guarantee from the customer for the correct and timely fulfilment of its payment obligations.
2. If delivery takes place in parts, each part can be invoiced separately by Movingfloor-parts.com, unless otherwise agreed in writing with the customer.
3. In the event of late payment, Movingfloor-parts.com is entitled to suspend or dissolve the execution of the agreement and all related agreements.
4. All payments must be made to a bank account in the Netherlands to be designated by Movingfloor-parts.com. 5. Payments made by the customer always serve to settle all interest and costs owed and then the longest outstanding invoices, even if the customer states that the payment relates to a later invoice.
6. The customer waives any right to set off amounts owed by either party. Settlement by the customer is not permitted.
7. Payments made by the customer to Movingfloor-parts.com electronically, including via the internet and credit cards, are at the customer's risk. Movingfloor-parts.com is not liable for any damage incurred by the customer in connection with or as a result of payments made electronically, via the internet or by means of credit cards. The provision of credit card details by the customer to Movingfloor-parts.com via the internet or otherwise is at the customer's own risk.
8. Movingfloor-parts.com reserves the right to request 100% payment in advance, prior to delivery.
Accounts and Registration
1. The customer can create an account or otherwise register on the website. Movingfloor-parts.com reserves the right to refuse an application for such a registration or to cancel the registration, for example after detection of irregularities.
2. The login details are strictly personal and may not be made available to third parties. The customer is responsible for the use of his login data, even if this is done without his knowledge.
3. The customer will warn Movingfloor-parts.com immediately if he suspects that his login details are known to a third party or that irregularities otherwise occur.
4. The customer is not permitted to request or manage more than one account. The customer is not allowed to (re)apply for or manage an account after Movingfloor-parts.com has refused the customer's application for an account or after the customer's account has been closed after registration.
Delivery
1. In all cases - unless otherwise agreed in writing - the place of delivery shall be deemed to be the actual place of business or the place of business of the customer or the customer's branch with which the contract was concluded, as specified by the customer at the time of the order.
2. The specification of delivery terms in offers/quotations, confirmations and/or contracts shall be made to the best of our knowledge and these shall be observed as far as possible, but they shall never be regarded as a strict deadline.
3. The customer undertakes to enable Movingfloor-parts.com to carry out the delivery.
4. The client guarantees this at his own expense and risk: a. Movingfloor-parts.com is provided with the cooperation necessary for the performance of the work; b. the ordered products or services are purchased; and c. delivery under normal working conditions can take place during normal working hours from 8 a.m. to 6 p.m.
5. If the products or services ordered have been offered to the customer for delivery, but delivery has not been possible on the grounds that the customer has failed to fulfil one of the obligations referred to in paragraphs 3 and 4 above, acceptance shall be deemed to have been refused. From this moment on, the customer is in default by operation of law without further notice of default being required from Movingfloor-parts.com. The day on which refusal to take delivery takes place, is deemed to be the delivery date of the ordered products and/or services. From this moment on, the products are also at the risk of the customer, in accordance with the article 'Transfer of risk' in these general terms and conditions.
6. Without prejudice to the obligation to pay, in the case referred to in paragraph 5, the customer is obliged to compensate Movingfloor-parts.com for any damage suffered as a result of the refusal, including the costs of storage and transport, the latter costs being related to the usual rates on site.
Return Order Policy
1. The customer can dissolve an agreement concerning the purchase of a product for a period of 14 days without giving any reason. The period begins the day after the customer, or a third party, other than the carrier and previously designated by the customer, has received the product, or: a. if the customer has ordered several products in one order: the day on which the customer, or a third party designated by him, has received the last product. Movingfloor-parts.com may, provided it has clearly informed the customer prior to the ordering process, refuse an order for several products with a different delivery time; or (b) where the delivery of a product consists of several consignments or parts, the day on which the customer, or a third party designated by him, has received the last consignment or part.
2. During the cooling-off period, the customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the customer may only handle and inspect the product as he would be allowed to do in a shop.
3. The customer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 2.
4. If the customer wishes to return a product, he shall notify Movingfloor-parts.com in an unambiguous manner within the reflection period.
5. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4, the customer will return the product or hand it over to (an authorised representative of) Movingfloor-parts.com. This is not necessary if Movingfloor-parts.com has offered to collect the product itself. The customer has observed the return period in any case if he returns the product before the cooling-off period has expired.
6. The customer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the instructions provided by Movingfloor-parts.com.
7. The risk and the burden of proof for the correct and timely return lies with the customer.
8. The customer bears the direct costs of returning the product.
9. Movingfloor-parts.com will inspect the return product(s) upon receipt and will arrange for refund to the customer’s account within 14 days after receipt. The right to reimbursement lapses if the returned product is no longer in the same condition as it was originally delivered.
Transfer of Risk
Regardless of what has been agreed between Movingfloor-parts.com and the customer regarding costs of transport and insurance, the products remain at the risk of Movingfloor-parts.com until such time as they have become the actual power of disposal of the customer or of the third party or parties engaged by the customer by signing bills of lading, checklists and/or packing lists or by actual delivery.
Reservation of Ownership
1. The ownership of the products delivered by Movingfloor-parts.com to the customer will only pass to the customer when the customer has paid everything that Movingfloor-parts.com might have or receive under all agreements with the customer and services or work performed in that context.
2. Notwithstanding the provisions of paragraph 1, the customer is entitled to use the products received from Movingfloor-parts.com as part of his normal business operations.
3. The customer is never entitled to encumber, pledge, transfer as security and/or loan and/or hand over products delivered subject to retention of title in any way. Nor is the customer entitled to make any changes to the product.
4. If the customer is in default of his obligations, Movingfloor-parts.com is entitled to retrieve the products belonging to it from the place where they are located, or have them retrieved, at the customer's expense.
Guarantee
1. The customer must check on or immediately after delivery whether the products delivered or the services provided are in accordance with the agreement.
2. The customer cannot claim that the delivered products or services do not comply with the agreement if he fails to do so or if he has not notified Movingfloor-parts.com of the defects in writing within the period mentioned below.
3. Visible defects must be reported to Movingfloor-parts.com in writing within five working days of delivery.
4. Hidden defects must be reported in writing immediately after the customer has discovered them, but at the latest within six months after delivery of the products.
5. Complained products may only be returned to Movingfloor-parts.com with the express prior consent of Movingfloor-parts.com. Returns must be provided with proper protective packaging. Returns must in all cases be made in accordance with the instructions of Movingfloor-parts.com. Movingfloor-parts.com reserves the right to require that such products be sent to an address provided by it.
6. In the event of complaints that are well-founded and properly submitted, in the opinion of Movingfloor-parts.com, Movingfloor-parts.com is obliged, at its discretion, taking into account the interests of the customer and the nature of the complaint, to either replace/exchange the products delivered and/or services provided or to grant a price discount.
7. The right of complaint lapses if the delivered goods are no longer in the same condition as they were delivered or in case complained goods are returned and damaged due to insufficient protective packaging, or if goods have not been returned within 1`month after movingfloor-parts.com’s consent to return the goods.
8. Complaints about invoices must be submitted in writing within five working days of the date on which the invoice was sent.
9. Movingfloor-parts.com will not be responsible for any expense which the buyer may incur in removing or having removed or in replacing or having replaced any part or parts to be sent for inspection or in fitting or having fitted any new part in lieu thereof and all labour expended on any such inspection or any other work must be paid for by the buyer. Movingfloor-parts.com guarantees only those goods which are bought direct from Movingfloor-parts.com or from a Movingfloor-parts.com third party assigned supplier. 10.This guarantee does not cover defects attributable to fair wear and tear, dirt, mis-use neglect or accident.
Liability
1. If one of the parties fails to comply with one or more of its obligation(s) under the agreement, the other party shall declare it in default, unless compliance with the obligation(s) in question is already permanently impossible, in which case the defaulting party shall immediately be in default. The notice of default shall be given in writing, whereby the defaulting party shall be given a reasonable period in which to still fulfil its obligations. This period has the character of a strict deadline. Movingfloor-parts.com's liability towards the client for direct damage in the event of non-performance, late performance or improper performance is limited to the net invoice value of the products and/or services concerned.
2. The limitation referred to in paragraph 1 also applies if Movingfloor-parts.com is held liable by the customer for reasons other than the agreement concluded between them.
3. Direct damage is understood to mean exclusively: a. reasonable costs that a party would have to incur in order for a performance of the other party to comply with the agreement. However, this damage will not be compensated if that other party has dissolved the contract;
b. reasonable costs incurred in determining the cause and extent of the damage, insofar as such determination relates to direct damage within the meaning of the general terms and conditions; and/or c. reasonable costs incurred to prevent or limit damage insofar as the party suffering the damage demonstrates that these costs have led to the limitation of direct damage within the meaning of these terms and conditions.
4. Movingfloor-parts.com is never liable for indirect damage, including consequential damage, lost profits, lost savings, damage due to business interruption and all damage that is not covered by direct damage in the sense of these terms and conditions.
5. The limitation of liability does not apply in the event of intent or gross negligence on the part of directors and officers of Movingfloor-parts.com.
6. Movingfloor-parts.com is never liable for the materials made available by the client to Movingfloor-parts.com in connection with the agreement. The customer undertakes to take out adequate insurance for these materials.
7. Without prejudice to the above, Movingfloor-parts.com is not liable if the damage is due to intent and/or gross negligence and/or culpable action or injudicious or improper use of the products supplied by the customer.
Liability
1. The customer indemnifies Movingfloor-parts.com, to the extent permitted by law, against liability towards one or more third parties arising from and/or related to the performance of the agreement, regardless of whether the damage caused by Movingfloor-parts.com or by its supporters, support products or products or services supplied or delivered was caused or inflicted. In addition, the customer indemnifies Movingfloor-parts.com, to the extent permitted by law, against all claims by third parties in connection with any infringement of these third parties' intellectual property rights.
2. The customer is responsible for an adequate insurance in respect of the risks referred to above.
3. The customer is always obliged to do everything in his power to limit the damage.
Force majeure and unforeseen circumstances
1. If compliance on the part of Movingfloor-parts.com or purchase on the part of the customer is delayed by more than one month due to force majeure, each of the parties is entitled - to the exclusion of further rights - to dissolve the agreement in accordance with the law. What has already been paid or performed in accordance with the agreement is then settled between the parties pro rata.
2. Force majeure on the part of Movingfloor-parts.com shall in any event be deemed to be force majeure: a. the circumstance that Movingfloor-parts.com does not receive, does not receive on time or does not receive properly a performance (including a performance by the customer) that is relevant in connection with the performance to be delivered by Movingfloor-parts.com;
b. Strikes;
c. traffic disruptions;
d. government measures that prevent Movingfloor-parts.com from fulfilling its obligations on time or properly;
e. riots, riots, war;
f. extreme weather conditions;
g. fire; and/or
h. import, export and/or transit bans.
3. In the event of unforeseen circumstances of such a nature that the customer cannot reasonably and fairly expect compliance by Movingfloor-parts.com, the court may, at the request of one of the parties, dissolve the agreement in whole or in part.
Retention Law
Movingfloor-parts.com is entitled to retain all products that Movingfloor-parts.com has in its possession from the customer until the customer has fulfilled all his obligations to Movingfloor-parts.com, with which the products in question are directly or sufficiently related. If products covered by this right fall outside the control of Movingfloor-parts.com, Movingfloor-parts.com is entitled to demand these products as if they were the owners themselves.
Dissolution
1. Each of the parties has the right to terminate the agreement, in whole or in part, with immediate effect, without further notice of default or judicial intervention, in the cases described below and to the extent granted below:
a. when the other party has applied for or obtained a suspension of payments or when the other party has been declared bankrupt;
b. when the other party's business is voluntarily or involuntarily liquidated;
c. when the other party's business merges or is taken over;
d. when a substantial part of the other party's assets are seized; and/or
e. when other circumstances arise in which continuation of the agreement cannot reasonably be demanded.
2. Each of the parties is only entitled to dissolve the agreement if the other party - after a proper and as detailed as possible written notice of default with a proposal for a reasonable period of time to remedy the shortcoming - imputably fails to fulfil essential obligations under the agreement and provided that this shortcoming justifies the dissolution.
3. If the agreement is dissolved, Movingfloor-parts.com's claims against the customer are immediately due and payable. If Movingfloor-parts.com suspends fulfilment of its obligations, it retains its rights under the law and the agreement.
4. Movingfloor-parts.com reserves the right to claim damages at any time.
Intellectual property
1. Movingfloor-parts.com guarantees that the products it supplies as such do not infringe Dutch patent rights, design rights or other rights of industrial or intellectual property of third parties.
2. If Movingfloor-parts.com nevertheless has to be acknowledged by a Dutch court in a case or if it is established in a decision that any product supplied by Movingfloor-parts.com infringes the rights of third parties as referred to herein, Movingfloor-parts.com will, at its discretion and after consultation with the customer, replace the item in question with a product that does not infringe the right in question or acquire a licence right in this respect, or take back the item in question in return for a refund of the price paid for this product, reduced by the depreciation to be regarded as normal, without being obliged to pay further compensation.
3. However, the customer loses the right to the performances referred to in paragraph 2 if he has not informed Movingfloor-parts.com as such in good time and in full about third party claims as referred to above in this article, as a result of which Movingfloor-parts.com was not able to properly defend its rights in this respect either.
Transfer
The customer is not permitted to transfer rights and obligations arising from the agreement to third parties without the written permission of Movingfloor-parts.com.
Privacy and security
1. Movingfloor-parts.com respects the customer's privacy. Movingfloor-parts.com treats and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection Ordinance. The customer agrees to this processing. Movingfloor-parts.com uses appropriate security measures to protect the customer's personal data.
2. For more information on privacy, please refer to the privacy policy which can be found on the website of Movingfloor-parts.com.
Other
1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
2. The administration of Movingfloor-parts.com serves, unless evidence to the contrary is provided, as proof of the requests and/or orders made by the customer. The customer acknowledges that electronic communication can serve as proof.
3. If and insofar as any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force and effect. Movingfloor-parts.com will then determine a new provision to replace the null/nullified provision, whereby the purport of the null/nullified provision will be taken into account as much as possible.
4. The place of performance of the agreement is deemed to be the place where Movingfloor-parts.com is located.
Applicable law and choice of forum
1. All disputes between Movingfloor-parts.com and the customer, which may arise from an agreement concluded by Movingfloor-parts.com with the customer, or from agreements resulting therefrom, will, unless Movingfloor-parts.com and the customer have agreed otherwise in writing, in the first instance be settled by the competent court in the place of business or the district of Movingfloor-parts.com.
2. Agreements, and all resulting non-contractual obligations, between Movingfloor-parts.com and the customer to which these general terms and conditions apply, are exclusively governed by Dutch law. The 1980 Vienna Sales Convention is expressly excluded.
Definitions
In these general terms and conditions, the following words shall have the meaning given to them, unless the context dictates otherwise:
General terms and conditions means these general terms and conditions. Day means calendar day.
Movingfloor-parts.com means the company Movingfloor-parts.com, located at Harselaarseweg 113, in Barneveld and registered in the Trade Register of the Chamber of Commerce under number 08104939.
Customer means any legal or natural person, acting in the exercise of his profession or business, who enters into an agreement or wishes to enter into an agreement with Movingfloor-parts.com.
Website means the website of Movingfloor-parts.com, being https://movingfloor-parts.com/. Our storefront is open to customers by appointment only.
Applicability
1. These general terms and conditions apply to all offers, quotations and agreements made by Movingfloor-parts.com and all resulting obligations with the customer. Insofar as the customer (also) orders other products or services to which special general terms and conditions apply, these are also declared applicable to the agreement between the customer and Movingfloor-parts.com.
2. If the customer declares his own general terms and conditions applicable to an agreement with Movingfloor-parts.com or refers to them, these general terms and conditions will not be accepted by Movingfloor-parts.com and the general terms and conditions of Movingfloor-parts.com will prevail, unless explicitly agreed otherwise at an earlier stage.
3. The general terms and conditions have been communicated to the customer in advance and can always be consulted via the website and can also be downloaded as a PDF file there. The general terms and conditions will be sent free of charge upon request.
4. Everything stipulated in these general terms and conditions and in any further agreements for the benefit of Movingfloor-parts.com is also stipulated for the benefit of third parties engaged by Movingfloor-parts.com.
5. These general terms and conditions do not apply to offers to and agreements with natural persons who are not acting in the course of their profession or business.
Offers / Quotations
1. All offers/quotations made by Movingfloor-parts.com are without obligation and can be revoked by it at any time, even if they contain a deadline for acceptance. Offers/quotations may also be revoked by Movingfloor-parts.com in writing within seven days of receipt of the acceptance, in which case no agreement has been reached between the parties.
2. Offers/quotations can only be accepted in writing (including acceptance by fax or electronic means). Movingfloor-parts.com is nevertheless entitled to accept an oral acceptance as if it had been made in writing. If the customer places an order on the website of Movingfloor-parts.com, this order is final when the customer presses the order button or receives an order confirmation by e-mail. As soon as the customer receives a confirmation by e-mail from Movingfloor-parts.com, a binding agreement is concluded between the parties.
3. Information contained in advertising material in the broadest sense of the word, such as catalogues, price lists, leaflets, websites of third parties, etc., is never binding on Movingfloor-parts.com.
4. Unless explicitly agreed otherwise in writing, specifications of dimensions, weights and other data are estimates that are as reliable as possible.
Price
1. All prices charged by Movingfloor-parts.com are based on the price determining factors known at the time the offer/quote was made.
2. Unless explicitly agreed otherwise in writing, the prices quoted by Movingfloor-parts.com are always exclusive of VAT and exclusive of shipping costs.
3. Movingfloor-parts.com is entitled to adjust the prices or parts thereof for products or services not yet delivered and/or not paid for to any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like.
4. Movingfloor-parts.com is always entitled to adjust the prices immediately if a legal price determining factor gives cause to do so.
Payment
1. Movingfloor-parts.com is at all times entitled to demand guarantee from the customer for the correct and timely fulfilment of its payment obligations.
2. If delivery takes place in parts, each part can be invoiced separately by Movingfloor-parts.com, unless otherwise agreed in writing with the customer.
3. In the event of late payment, Movingfloor-parts.com is entitled to suspend or dissolve the execution of the agreement and all related agreements.
4. All payments must be made to a bank account in the Netherlands to be designated by Movingfloor-parts.com. 5. Payments made by the customer always serve to settle all interest and costs owed and then the longest outstanding invoices, even if the customer states that the payment relates to a later invoice.
6. The customer waives any right to set off amounts owed by either party. Settlement by the customer is not permitted.
7. Payments made by the customer to Movingfloor-parts.com electronically, including via the internet and credit cards, are at the customer's risk. Movingfloor-parts.com is not liable for any damage incurred by the customer in connection with or as a result of payments made electronically, via the internet or by means of credit cards. The provision of credit card details by the customer to Movingfloor-parts.com via the internet or otherwise is at the customer's own risk.
8. Movingfloor-parts.com reserves the right to request 100% payment in advance, prior to delivery.
Accounts and Registration
1. The customer can create an account or otherwise register on the website. Movingfloor-parts.com reserves the right to refuse an application for such a registration or to cancel the registration, for example after detection of irregularities.
2. The login details are strictly personal and may not be made available to third parties. The customer is responsible for the use of his login data, even if this is done without his knowledge.
3. The customer will warn Movingfloor-parts.com immediately if he suspects that his login details are known to a third party or that irregularities otherwise occur.
4. The customer is not permitted to request or manage more than one account. The customer is not allowed to (re)apply for or manage an account after Movingfloor-parts.com has refused the customer's application for an account or after the customer's account has been closed after registration.
Delivery
1. In all cases - unless otherwise agreed in writing - the place of delivery shall be deemed to be the actual place of business or the place of business of the customer or the customer's branch with which the contract was concluded, as specified by the customer at the time of the order.
2. The specification of delivery terms in offers/quotations, confirmations and/or contracts shall be made to the best of our knowledge and these shall be observed as far as possible, but they shall never be regarded as a strict deadline.
3. The customer undertakes to enable Movingfloor-parts.com to carry out the delivery.
4. The client guarantees this at his own expense and risk: a. Movingfloor-parts.com is provided with the cooperation necessary for the performance of the work; b. the ordered products or services are purchased; and c. delivery under normal working conditions can take place during normal working hours from 8 a.m. to 6 p.m.
5. If the products or services ordered have been offered to the customer for delivery, but delivery has not been possible on the grounds that the customer has failed to fulfil one of the obligations referred to in paragraphs 3 and 4 above, acceptance shall be deemed to have been refused. From this moment on, the customer is in default by operation of law without further notice of default being required from Movingfloor-parts.com. The day on which refusal to take delivery takes place, is deemed to be the delivery date of the ordered products and/or services. From this moment on, the products are also at the risk of the customer, in accordance with the article 'Transfer of risk' in these general terms and conditions.
6. Without prejudice to the obligation to pay, in the case referred to in paragraph 5, the customer is obliged to compensate Movingfloor-parts.com for any damage suffered as a result of the refusal, including the costs of storage and transport, the latter costs being related to the usual rates on site.
Return Order Policy
1. The customer can dissolve an agreement concerning the purchase of a product for a period of 14 days without giving any reason. The period begins the day after the customer, or a third party, other than the carrier and previously designated by the customer, has received the product, or: a. if the customer has ordered several products in one order: the day on which the customer, or a third party designated by him, has received the last product. Movingfloor-parts.com may, provided it has clearly informed the customer prior to the ordering process, refuse an order for several products with a different delivery time; or (b) where the delivery of a product consists of several consignments or parts, the day on which the customer, or a third party designated by him, has received the last consignment or part.
2. During the cooling-off period, the customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the customer may only handle and inspect the product as he would be allowed to do in a shop.
3. The customer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 2.
4. If the customer wishes to return a product, he shall notify Movingfloor-parts.com in an unambiguous manner within the reflection period.
5. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4, the customer will return the product or hand it over to (an authorised representative of) Movingfloor-parts.com. This is not necessary if Movingfloor-parts.com has offered to collect the product itself. The customer has observed the return period in any case if he returns the product before the cooling-off period has expired.
6. The customer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the instructions provided by Movingfloor-parts.com.
7. The risk and the burden of proof for the correct and timely return lies with the customer.
8. The customer bears the direct costs of returning the product.
9. Movingfloor-parts.com will inspect the return product(s) upon receipt and will arrange for refund to the customer’s account within 14 days after receipt. The right to reimbursement lapses if the returned product is no longer in the same condition as it was originally delivered.
Transfer of Risk
Regardless of what has been agreed between Movingfloor-parts.com and the customer regarding costs of transport and insurance, the products remain at the risk of Movingfloor-parts.com until such time as they have become the actual power of disposal of the customer or of the third party or parties engaged by the customer by signing bills of lading, checklists and/or packing lists or by actual delivery.
Reservation of Ownership
1. The ownership of the products delivered by Movingfloor-parts.com to the customer will only pass to the customer when the customer has paid everything that Movingfloor-parts.com might have or receive under all agreements with the customer and services or work performed in that context.
2. Notwithstanding the provisions of paragraph 1, the customer is entitled to use the products received from Movingfloor-parts.com as part of his normal business operations.
3. The customer is never entitled to encumber, pledge, transfer as security and/or loan and/or hand over products delivered subject to retention of title in any way. Nor is the customer entitled to make any changes to the product.
4. If the customer is in default of his obligations, Movingfloor-parts.com is entitled to retrieve the products belonging to it from the place where they are located, or have them retrieved, at the customer's expense.
Guarantee
1. The customer must check on or immediately after delivery whether the products delivered or the services provided are in accordance with the agreement.
2. The customer cannot claim that the delivered products or services do not comply with the agreement if he fails to do so or if he has not notified Movingfloor-parts.com of the defects in writing within the period mentioned below.
3. Visible defects must be reported to Movingfloor-parts.com in writing within five working days of delivery.
4. Hidden defects must be reported in writing immediately after the customer has discovered them, but at the latest within six months after delivery of the products.
5. Complained products may only be returned to Movingfloor-parts.com with the express prior consent of Movingfloor-parts.com. Returns must be provided with proper protective packaging. Returns must in all cases be made in accordance with the instructions of Movingfloor-parts.com. Movingfloor-parts.com reserves the right to require that such products be sent to an address provided by it.
6. In the event of complaints that are well-founded and properly submitted, in the opinion of Movingfloor-parts.com, Movingfloor-parts.com is obliged, at its discretion, taking into account the interests of the customer and the nature of the complaint, to either replace/exchange the products delivered and/or services provided or to grant a price discount.
7. The right of complaint lapses if the delivered goods are no longer in the same condition as they were delivered or in case complained goods are returned and damaged due to insufficient protective packaging, or if goods have not been returned within 1`month after movingfloor-parts.com’s consent to return the goods.
8. Complaints about invoices must be submitted in writing within five working days of the date on which the invoice was sent.
9. Movingfloor-parts.com will not be responsible for any expense which the buyer may incur in removing or having removed or in replacing or having replaced any part or parts to be sent for inspection or in fitting or having fitted any new part in lieu thereof and all labour expended on any such inspection or any other work must be paid for by the buyer. Movingfloor-parts.com guarantees only those goods which are bought direct from Movingfloor-parts.com or from a Movingfloor-parts.com third party assigned supplier. 10.This guarantee does not cover defects attributable to fair wear and tear, dirt, mis-use neglect or accident.
Liability
1. If one of the parties fails to comply with one or more of its obligation(s) under the agreement, the other party shall declare it in default, unless compliance with the obligation(s) in question is already permanently impossible, in which case the defaulting party shall immediately be in default. The notice of default shall be given in writing, whereby the defaulting party shall be given a reasonable period in which to still fulfil its obligations. This period has the character of a strict deadline. Movingfloor-parts.com's liability towards the client for direct damage in the event of non-performance, late performance or improper performance is limited to the net invoice value of the products and/or services concerned.
2. The limitation referred to in paragraph 1 also applies if Movingfloor-parts.com is held liable by the customer for reasons other than the agreement concluded between them.
3. Direct damage is understood to mean exclusively: a. reasonable costs that a party would have to incur in order for a performance of the other party to comply with the agreement. However, this damage will not be compensated if that other party has dissolved the contract;
b. reasonable costs incurred in determining the cause and extent of the damage, insofar as such determination relates to direct damage within the meaning of the general terms and conditions; and/or c. reasonable costs incurred to prevent or limit damage insofar as the party suffering the damage demonstrates that these costs have led to the limitation of direct damage within the meaning of these terms and conditions.
4. Movingfloor-parts.com is never liable for indirect damage, including consequential damage, lost profits, lost savings, damage due to business interruption and all damage that is not covered by direct damage in the sense of these terms and conditions.
5. The limitation of liability does not apply in the event of intent or gross negligence on the part of directors and officers of Movingfloor-parts.com.
6. Movingfloor-parts.com is never liable for the materials made available by the client to Movingfloor-parts.com in connection with the agreement. The customer undertakes to take out adequate insurance for these materials.
7. Without prejudice to the above, Movingfloor-parts.com is not liable if the damage is due to intent and/or gross negligence and/or culpable action or injudicious or improper use of the products supplied by the customer.
Liability
1. The customer indemnifies Movingfloor-parts.com, to the extent permitted by law, against liability towards one or more third parties arising from and/or related to the performance of the agreement, regardless of whether the damage caused by Movingfloor-parts.com or by its supporters, support products or products or services supplied or delivered was caused or inflicted. In addition, the customer indemnifies Movingfloor-parts.com, to the extent permitted by law, against all claims by third parties in connection with any infringement of these third parties' intellectual property rights.
2. The customer is responsible for an adequate insurance in respect of the risks referred to above.
3. The customer is always obliged to do everything in his power to limit the damage.
Force majeure and unforeseen circumstances
1. If compliance on the part of Movingfloor-parts.com or purchase on the part of the customer is delayed by more than one month due to force majeure, each of the parties is entitled - to the exclusion of further rights - to dissolve the agreement in accordance with the law. What has already been paid or performed in accordance with the agreement is then settled between the parties pro rata.
2. Force majeure on the part of Movingfloor-parts.com shall in any event be deemed to be force majeure: a. the circumstance that Movingfloor-parts.com does not receive, does not receive on time or does not receive properly a performance (including a performance by the customer) that is relevant in connection with the performance to be delivered by Movingfloor-parts.com;
b. Strikes;
c. traffic disruptions;
d. government measures that prevent Movingfloor-parts.com from fulfilling its obligations on time or properly;
e. riots, riots, war;
f. extreme weather conditions;
g. fire; and/or
h. import, export and/or transit bans.
3. In the event of unforeseen circumstances of such a nature that the customer cannot reasonably and fairly expect compliance by Movingfloor-parts.com, the court may, at the request of one of the parties, dissolve the agreement in whole or in part.
Retention Law
Movingfloor-parts.com is entitled to retain all products that Movingfloor-parts.com has in its possession from the customer until the customer has fulfilled all his obligations to Movingfloor-parts.com, with which the products in question are directly or sufficiently related. If products covered by this right fall outside the control of Movingfloor-parts.com, Movingfloor-parts.com is entitled to demand these products as if they were the owners themselves.
Dissolution
1. Each of the parties has the right to terminate the agreement, in whole or in part, with immediate effect, without further notice of default or judicial intervention, in the cases described below and to the extent granted below:
a. when the other party has applied for or obtained a suspension of payments or when the other party has been declared bankrupt;
b. when the other party's business is voluntarily or involuntarily liquidated;
c. when the other party's business merges or is taken over;
d. when a substantial part of the other party's assets are seized; and/or
e. when other circumstances arise in which continuation of the agreement cannot reasonably be demanded.
2. Each of the parties is only entitled to dissolve the agreement if the other party - after a proper and as detailed as possible written notice of default with a proposal for a reasonable period of time to remedy the shortcoming - imputably fails to fulfil essential obligations under the agreement and provided that this shortcoming justifies the dissolution.
3. If the agreement is dissolved, Movingfloor-parts.com's claims against the customer are immediately due and payable. If Movingfloor-parts.com suspends fulfilment of its obligations, it retains its rights under the law and the agreement.
4. Movingfloor-parts.com reserves the right to claim damages at any time.
Intellectual property
1. Movingfloor-parts.com guarantees that the products it supplies as such do not infringe Dutch patent rights, design rights or other rights of industrial or intellectual property of third parties.
2. If Movingfloor-parts.com nevertheless has to be acknowledged by a Dutch court in a case or if it is established in a decision that any product supplied by Movingfloor-parts.com infringes the rights of third parties as referred to herein, Movingfloor-parts.com will, at its discretion and after consultation with the customer, replace the item in question with a product that does not infringe the right in question or acquire a licence right in this respect, or take back the item in question in return for a refund of the price paid for this product, reduced by the depreciation to be regarded as normal, without being obliged to pay further compensation.
3. However, the customer loses the right to the performances referred to in paragraph 2 if he has not informed Movingfloor-parts.com as such in good time and in full about third party claims as referred to above in this article, as a result of which Movingfloor-parts.com was not able to properly defend its rights in this respect either.
Transfer
The customer is not permitted to transfer rights and obligations arising from the agreement to third parties without the written permission of Movingfloor-parts.com.
Privacy and security
1. Movingfloor-parts.com respects the customer's privacy. Movingfloor-parts.com treats and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection Ordinance. The customer agrees to this processing. Movingfloor-parts.com uses appropriate security measures to protect the customer's personal data.
2. For more information on privacy, please refer to the privacy policy which can be found on the website of Movingfloor-parts.com.
Other
1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
2. The administration of Movingfloor-parts.com serves, unless evidence to the contrary is provided, as proof of the requests and/or orders made by the customer. The customer acknowledges that electronic communication can serve as proof.
3. If and insofar as any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force and effect. Movingfloor-parts.com will then determine a new provision to replace the null/nullified provision, whereby the purport of the null/nullified provision will be taken into account as much as possible.
4. The place of performance of the agreement is deemed to be the place where Movingfloor-parts.com is located.
Applicable law and choice of forum
1. All disputes between Movingfloor-parts.com and the customer, which may arise from an agreement concluded by Movingfloor-parts.com with the customer, or from agreements resulting therefrom, will, unless Movingfloor-parts.com and the customer have agreed otherwise in writing, in the first instance be settled by the competent court in the place of business or the district of Movingfloor-parts.com.
2. Agreements, and all resulting non-contractual obligations, between Movingfloor-parts.com and the customer to which these general terms and conditions apply, are exclusively governed by Dutch law. The 1980 Vienna Sales Convention is expressly excluded.