Bluetraction Repair BVIndustrieweg 41A2382 NT ZOETERWOUDE (NL)
Registered at the Rotterdam Chamber of Commerce under number: 58902368
Clause 1: Applicability
1. These terms and conditions apply to all offers and all contracts of sale and purchase which are concluded via the https://newstore.bluetraction.eu,
, with registered offices in Zoeterwoude NL, hereinafter to be called: “the user”.
2. The purchaser or the client, as the case may be, shall hereinafter be referred to as “the other party”. Should a provision below specifically refer to a situation where the other party is a natural person not acting in the course of a profession or business, such party shall be referred to as “the consumer”.
3. Other terms and conditions shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed this in writing.
4. In these general terms and conditions, “in writing” shall also be understood to mean: by email, by fax or any other means of communication which can, given the state of technology and generally accepted standards, be considered as equivalent thereto.
5. Should the other party accept and retain, without comment, a quotation or order confirmation which refers to these terms and conditions, the other party shall be deemed to have agreed to the application thereof.
6. Should (part of) a provision of these general terms and conditions not apply, this shall not affect the applicability of the remaining provisions.
Clause 2: Agreements
1. Agreements shall only become binding on written confirmation by the user.
2. Supplements or amendments to the general terms and conditions or other changes or supplements to the agreement shall only become binding once they have been confirmed by the user in writing.
Clause 3: Offers
1. All offers, quotations, price lists, delivery periods etc. of the user shall be without obligation, unless they contain a period for acceptance. Should a quotation and/or offer contain an offer without obligation and this offer is accepted by the other party, the user shall be entitled to withdraw the offer within 3 working days of receipt of the acceptance.
2. The prices applied by the user and the prices cited in the offers, quotes, price lists and website of the user are exclusive of VAT and exclusive of any costs. These costs can include - amongst other things, and not exhaustively - shipping and packaging costs and the expenses of third parties used. This is unless expressly stipulated otherwise in writing on the user’s website or elsewhere or if the parties have expressly agreed otherwise in writing.
3. Samples, brochures, drawings, models, details of colours, illustrations, dimensions, weights and other descriptions shown and/or provided are as accurate as possible, but serve merely as an indication. No rights can be derived from these unless the parties have expressly agreed otherwise in writing.
4. a. If the government and/or employers’ organisations or trade unions make changes to
wages, terms of employment, social security contributions, taxes, (import) duties, exchange rates etc. between the date when the contract is concluded and the execution of the contract, the user is entitled to charge the increases on to the other party. Should a new pricelist be issued by the user and/or suppliers and come into force between the aforementioned dates, the user is entitled to charge the prices quoted therein to the other party.
b. Where the agreement has been concluded with the consumer, price increases may be passed on and/or charged 3 months after the conclusion of the agreement. In the event of price increases within a period of less than 3 months, the consumer shall be entitled to dissolve the agreement.
Clause 4: Distance selling
1. The provisions of this article apply only to consumers and in the case of distance selling as specified in article 46a volume 7 of the Dutch Civil Code.
2. In the case of distance selling as specified in paragraph 1 of this article, an approval period of 14 working days applies. The approval period means that the other party has the right to cancel the contract with the user within 14 working days of receiving the item. The other party is not required to give a reason for the cancellation. The cancellation must be invoked in writing.
3. Cancellation under the provisions of paragraph 2 of this article is only possible through written notification of this by the other party to the user.
4. In the event of cancellation, the item must be returned to the user at the other party’s risk and expense in a manner to be specified by the user.
5. In the event of cancellation, payments already made by the other party will be refunded by the user as soon as possible after receipt of the returned item. Shipping costs are not refunded. Where applicable, the user is entitled to charge the costs of the return shipping to the other party.
6. The user has the right to refuse returned items or only to refund part of any payments already received if and insofar as the user suspects or can see that the item is not in the original packaging and/or the item is damaged.
7. The user will notify the other party of any refusal or the partial refunding of payments already received immediately following receipt of the item.
Clause 5: Using third parties
The user is entitled to have deliveries made by third parties if and insofar as this is required for the good execution of the agreement.
Clause 6: Delivery, delivery periods
1. Stated delivery periods within which the goods must be delivered may never be regarded as fixed deadlines, unless the parties have expressly agreed otherwise in writing. Should the user fail to fulfil its obligations pursuant to the agreement or fail to fulfil these on time, it must therefore be given written notice of default.
2. Where delivery is made in consignments, each delivery or phase shall be regarded as a separate transaction and the user may invoice per transaction.
3. The risk in respect of the delivered goods shall pass to the other party at the time of delivery.
4. The ordered goods shall be shipped and/or transported in a manner to be specified by the user, but for the account and risk of the other party. The user shall not be liable for loss or damage of any kind or in any form whatsoever relating to the shipment and/or transport, regardless of whether this loss or damage is sustained by the goods themselves. The provisions of this subclause shall apply unless the parties have expressly agreed otherwise in writing.
5. Should it prove to be impossible to deliver the goods to the other party for reasons attributable to the other party, the user reserves the right to store the ordered goods for the account and risk of the other party. The user shall notify the other party of the storage in writing, giving a reasonable period within which the other party must make it possible for the user to deliver the goods.
6. Should the other party still have failed to fulfil its obligations even after the expiry of the reasonable period set by the user as referred to in the previous subclause of this clause, the other party shall be in default as a result of the mere expiry of 1 (one) month, to be calculated as from the date of storage, and the user shall be entitled to wholly or partially dissolve the agreement in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being obliged to pay compensation for loss or damage, costs and interest.
7. The above shall not affect the obligation of the other party to pay the agreed and/or stipulated and/or owed price as well as any storage costs and/or other costs.
8. The user shall be entitled to require - with regard to the fulfilment of the financial obligations of the other party - advance payment or security from the other party before commencing the delivery.
Clause 7: Progress, execution of the agreement
1. The user cannot be obliged to initiate the supply of the items until all the information required for this is in its possession and it has received any advance payment or instalment payment agreed. If there are delays in this, the specified delivery times will be adjusted accordingly
2. Should it not be possible to carry out the deliveries normally or without interruption for reasons not attributable to the user, the user shall be entitled to charge the other party the resulting costs.
3. All expenses incurred by the user within the framework of the agreement at the request of the other party shall be entirely for the account of the latter, unless the parties have expressly agreed otherwise in writing.
Clause 8: Complaints and returns
1. The other party shall be obliged to check the goods immediately on taking delivery thereof. Should the other party discover visible defects, deficiencies and/or faults, these must be noted on the consignment note and/or accompanying bill and immediately brought to the attention of the user, or the other party must notify the user of these within 24 hours of receipt of the goods, followed by immediate written confirmation of this to the user.
2. Other complaints must be submitted to the user by registered letter within 14 days of receipt of the goods.
3. Without prejudice to the provisions of subclauses 1 and 2 of this clause, the provisions of subclause 8 of clause 9 shall also be taken into account where the agreement has been concluded with the consumer.
4. If these complaints have not been reported to the user within the specified periods, the goods will be deemed to have been received in good condition.
5. The ordered goods shall be delivered in the wholesale packaging that the user has in stock. Minor deviations in respect of the given dimensions, weights, quantities, colours and suchlike shall not constitute shortcomings on the part of the user.
6. No complaints may be asserted in respect of imperfections in natural products, if, in the opinion of the user, these imperfections are related to the nature and characteristics of the raw material(s) from which the product has been made.
7. Complaints shall not have the effect of suspending the payment obligation of the other party.
8. The user must be given the opportunity to investigate the complaint. Should it prove to be necessary to return the goods for the complaint to be investigated, this shall only be for the account and risk of the user if the latter has given its express prior written consent for this.
9. In all cases, goods must be returned in a manner to be specified by the user and in the original packaging. Return shipments shall be for the account and risk of the other party, unless the user declares the complaint to be well-founded.
10. Should, after delivery, the nature and/or composition of the goods have been altered or the goods have been wholly or partially processed or treated, damaged or repackaged, any right to complain shall lapse.
11. In the case of valid complaints, the claim shall be settled pursuant to the provisions of clause 9.
Clause 9: Liability and guarantee
1. The user shall discharge its task as may be expected of a company in its line of business, but accepts no liability whatsoever for loss, damage or injury, including death and personal injury, consequential loss or damage, trading loss, loss of profits and/or losses due to business stagnation, which is the result of acts or omissions on the part of the user, its staff or third parties brought in by it, except in the case of intentional acts or omissions and/or deliberate recklessness on its part, or on the part of its board and/or its managerial staff.
2. Without prejudice to the provisions of the other paragraphs of this article, the user’s liability on any grounds is restricted to the net price of the items supplied.
3. Without prejudice to the provisions of the previous subclauses of this clause, the user shall never be required to pay compensation that exceeds the insured amount, insofar as the loss or damage is covered by insurance taken out by the user.
4. The user guarantees the customary normal quality and reliability of that which has been delivered; the actual useful life thereof can never be guaranteed.
5. Should visible defects, deficiencies and/or faults appear in the delivered goods, which must already have been present at the time of delivery, the user undertakes to repair or replace these goods free of charge, at its option.
6. a. In all cases the period within which the other party can claim compensation for assessed
loss from the user shall be limited to 6 months as from the time at which it was established that the compensation was payable.
b. Contrary to the provisions under A of this subclause, a maximum period of 1 (one) year shall apply in respect of the consumer.
7. If goods delivered by the user have a manufacturer's guarantee, this guarantee shall apply between the parties in the same way.
8. Where the agreement has been concluded with the consumer, the user shall observe the statutory guarantee periods.
9. The other party shall lose its rights vis-à-vis the user, shall be liable for all loss or damage and shall indemnify the user against any claims of third parties in respect of compensation for loss or damage if and insofar as:
a. the aforementioned loss or damage has arisen as a result of injudicious use and/or use contrary to the instructions and/or advice of the user and/or injudicious safekeeping (storage) of the delivered goods by the other party;
b. the aforementioned loss or damage has arisen as a result of errors, omissions or inaccuracies in information, materials, information carriers and suchlike which were provided to the user by or on behalf of the other party and/or the use of which by the user was prescribed by or on behalf of the other party.
Clause 10: Payment
1. Payment must be made in the form specified on the user’s website.
2. Payment in other forms is only permited if the parties have expressly agreed this in writing.
3. If an invoice has not been paid in full within 15 days of the date of invoicing:
a. the other party shall owe the user default interest of 2% per month to be calculated cumulatively on the principal sum. Parts of a month shall be regarded as full months in this respect;
b. the other party, after having received a demand from the user in this regard, shall owe a minimum of 15% of the total of the principal sum and the default interest in respect of extrajudicial costs, with an absolute minimum of € 75.00;
c. the user shall be entitled to charge the other party an amount of at least € 20.00 in respect of administration costs for each payment reminder, demand and suchlike sent to the other party. The user shall refer to this in the agreement and/or on the invoice.
4. At the discretion of the user, the agreement may, in the aforementioned or similar circumstances, be wholly or partially dissolved without further notice of default or judicial intervention; this may or may not be combined with a claim for compensation.
5. Should the other party not have fulfilled its payment obligations on time, the user shall be entitled to suspend the fulfilment of the obligation to deliver and/or to carry out work entered into vis-à-vis the other party until the payment has been made or proper security has been provided for this. The same shall apply even before the other party is in default if the user has reasonable grounds to suspect that there are reasons to doubt the creditworthiness of the other party.
6. Payments made by the other party shall always be used to settle all interest and costs owed and then due and payable invoices which have been outstanding the longest, unless the other party expressly indicates in writing, when making the payment, that the payment relates to a later invoice.
Clause 11: Retention of title
1. The user shall retain ownership of the goods delivered and to be delivered until the other party has fulfilled its payment obligations vis-à-vis the user in this regard. These payment obligations shall consist of paying the purchase price, plus claims in respect of work carried out connected to this delivery as well as any claims for compensation on account of the other party’s failure to fulfil its obligations.
2. Should the user invoke the retention of title, the agreement concluded in this respect shall be regarded as having been dissolved, without prejudice to the right of the user to claim compensation for loss or damage, lost profit and interest.
3. The other party shall be obliged to inform the user immediately and in writing should third parties assert rights in respect of goods which are subject to the retention of title pursuant to this clause.
Clause 12: Bankruptcy, loss of power to dispose of property and suchlike
Without prejudice to the provisions of the other clauses of these terms and conditions, the agreement concluded between the other party and the user shall be dissolved without any judicial intervention and without any notice of default being required as soon as the other party is declared bankrupt, applies for the (provisional) suspension of payment, has execution levied against it, is placed in receivership or under administration or loses its power and/or legal capacity to dispose of its assets or parts thereof in any other way, unless the receiver or administrator acknowledges the obligations arising from the agreement as estate debt.
Clause 13: Force majeure
1. Should the user be unable to fulfil its obligations pursuant to the agreement concluded with the other party and this is due to non-attributable non-performance on the part of the user and/or on the part of third parties or suppliers brought in by the user for the execution of the agreement or should another important reason arise on the part of the user, the user shall be entitled to dissolve the agreement between the parties or to suspend fulfilment of the obligations vis-à-vis the other party for a reasonable period to be determined by the user, without being obliged to pay any compensation. Should the aforesaid situation arise once the agreement has already been partly executed, the other party shall be obliged to fulfil its obligations vis-à-vis the user up to that time.
2. Circumstances where non-attributable non-compliance exists will include: the breakdown of telecommunications and/or power networks, war, riot, mobilisation, internal or foreign civil commotion, government measures, strikes and lockouts by workers or threats of these and similar situations; disruption of the exchange rates in force when the contract was concluded; weather conditions, interruption of business by fire, accident or other incidents and natural phenomena, all this regardless of whether the non-compliance or failure to comply on time is perpetrated by the user, its suppliers or third parties which it has called upon for the fulfilment of the obligation.
Clause 14: Dissolution, cancellation/ termination
1. a. The other party waives all rights to dissolve the agreement pursuant to article 6:265 ff.
Dutch Civil Code or other statutory provisions, unless mandatory legislative provisions oppose this. This shall apply subject to the right to cancel or terminate the agreement pursuant to this clause.
b. The provisions under A of this subclause shall not apply to agreements concluded with the consumer.
2. Cancellation shall, within the framework of these general terms and conditions, be understood to mean: one of the parties bringing the agreement to an end before any part of it has been executed.
3. Termination shall, within the framework of these general terms and conditions, be understood to mean: one of the parties bringing the agreement to an end after part of it has already been executed.
4. Should the other party terminate or cancel the agreement, it shall owe the user a payment, to be determined by the latter. The other party shall be obliged to compensate the user for all costs, loss or damage and lost profit. The user shall be entitled to set the costs, loss or damage and lost profit and - at its choice and depending on the work already carried out and/or deliveries already made - to charge the other party 20 to 100% of the agreed price.
5. The other party shall be liable vis-à-vis third parties for the consequences of the cancellation or termination and shall indemnify the user in this regard.
6. Amounts already paid by the other party shall not be refunded.
Clause 15: Applicable law/ competent court
1. The agreement concluded between the user and the other party shall be subject exclusively to Dutch law. Disputes that arise from the agreement shall likewise be settled in accordance with Dutch law.
2. Contrary to the provisions of subclause 1 of this clause, the consequences pursuant to the law of property of the retention of title for goods intended for export shall, if the legal system of the country or state for which the goods are destined is more favourable for the user, be governed by that law.
3. Any disputes shall be settled by the competent Dutch court, unless the user is entitled to bring the matter before the competent court in the place where the user has its registered office, except where the subdistrict court has jurisdiction.
4. In the case of disputes with the consumer, the consumer shall have the right to stipulate, within 1 (one) month of having been notified by the user that the matter will be brought before the court, that he chooses to have the matter heard by the court with jurisdiction by law.
5. In the case of disputes that arise from an agreement where the other party has its registered office outside the Netherlands, the user shall be entitled to act in accordance with the provisions of subclause 3 of this clause or - at its choice - to bring the disputes before the competent court in the country or state where the other party has its registered