General terms and conditions
General Terms and Conditions of Vliegenthart B.V. webshop
1.1 These general conditions apply to all offers from Vliegenthart B.V. The conditions are accessible to all and included on the internet site of Vliegenthart B.V. A written copy of all terms and conditions can be provided on request.
1.2 By placing an order you agree to the delivery and payment terms. Vliegenthart B.V. reserves the right to change its delivery and/or payment terms after the expiry of the term.
1.3 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by Vliegenthart B.V.
1.4 Vliegenthart B.V. guarantees that the product supplied meets the agreement and the specifications stated in the offer.
2.1 Delivery is available whilst stocks last.
2.2 In the context of the rules of distance selling, Vliegenthart B.V. will ship your order within at least 30 days. If this is not possible (because the item is out of stock or no longer available) or for other reasons delayed, or an order can only be partially fulfilled, the consumer will be notified within 1 month of placing the order and in that case has the right to cancel the order without cost and notice.
2.3 Vliegenthart B.V.’s duty to deliver will be discharged, subject to proof to the contrary, once the Vliegenthart B.V. delivered goods have been offered to the customer. In the case of home delivery, the carrier’s report, containing the refusal of acceptance, constitutes full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the periods stated.
3.1 Prices will not be increased during the term of the offer, unless required by law or if the manufacturer introduces interim price increases.
3.2 All prices on the site are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.
3.3 All prices on the site are in EURO and include 21% VAT.
3.4 Payment. All orders must be paid in advance by means of iDeal, Credit card, Paypal, bank transfer or otherwise.
4. Trial period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code) the buyer has the right to return (part of) the goods delivered within a period of 7 working days without giving reasons. This period starts the moment the goods are delivered. Returns after this 7 day period expires will not be accepted. Before returning the goods, the customer must notify Vliegenthart B.V. in writing within 7 working days of delivery. The purchaser must prove that the goods delivered have been returned on time, for example by means of proof of postage. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, impeded, or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph shall lapse. Subject to the provisions of the previous sentence, Vliegenthart B.V. ensures that the full purchase amount including the shipping costs charged is refunded to the customer within 30 days of receipt of the returned goods. The return of the goods delivered is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to all types of paint that are ordered according to the specifications of the consumer. These can never be exchanged or returned.
5. Data management
5.1 If you place an order with Vliegenthart B.V., your data is included in the Vliegenthart B.V. customer database. Vliegenthart B.V. adheres to the Data Protection Act and will not provide your information to third parties.
5.2 Vliegenthart B.V. respects the privacy of users of the Internet site and ensures confidentiality of your personal data.
5.3 Vliegenthart B.V. sometimes uses a mailing list. Each mailing includes instructions for removing yourself from the list.
6.1 Vliegenthart B.V. guarantees that its delivered products meet the requirements of usability, reliability and durability as reasonably intended by the parties of the sales contract and is therefore responsible for the manufacturer’s warranty of the product delivered to you.
6.2 Vliegenthart B.V. is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
If it appears that the goods delivered are wrong, faulty or incomplete, the customer must (before proceeding to return them to Vliegenthart B.V.) immediately report these defects in writing to Vliegenthart B.V. Any defects or faulty goods delivered must be reported to Vliegenthart B.V. in writing no later than 2 months after delivery. Return of the goods must be in the original packaging (including accessories and documentation) and in new condition. Use/damage occurring after the discovery of the defect, causes the right to complain and to return the goods to expire completely. Resale after discovery of the defect is strictly prohibited.
6.4 If Vliegenthart B.V. finds the customer’s complaints to be justified, Vliegenthart B.V. will, at their discretion, either replace the goods delivered free of charge or come to a written settlement with the customer about compensation, on the understanding that the liability of Vliegenthart B.V. and therefore the amount of the compensation is limited to the amount of the complaint. V.’s liability and therefore the amount of compensation is always limited to a maximum of the invoice amount for the goods concerned, or (at the choice of Vliegenthart B.V.) to the maximum amount covered in the case in question by Vliegenthart B.V.’s liability insurance. Any liability of Vliegenthart B.V. for any other form of damage is excluded, including additional compensation in any form, compensation for indirect or consequential damage or damage due to lost profits.
6.5 Vliegenthart B.V. is not liable for damage caused by intent or similar recklessness of non-managerial staff: A) and for as long as the buyer is in default vis-à-vis Vliegenthart B.V.; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise carelessly handled or treated contrary to Vliegenthart B.V.’s instructions and/or the instructions for use on the packaging; D) the inadequacy is wholly or partly the result of government regulations concerning the nature or quality of the materials used.
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 When accepting a non-binding offer by the buyer, Vliegenthart B.V. reserves the right to revoke or reject the offer within 3 working days of receipt of that acceptance.
7.3 Verbal undertakings are only binding on Vliegenthart B.V. if they have been explicitly confirmed in writing.
7.4 Offers from Vliegenthart B.V. do not automatically apply to repeat orders.
7.5 Vliegenthart B.V. cannot be held to its offer if the customer had reason to understand that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are effective only if agreed in writing.
8.1 An agreement between Vliegenthart B.V. and a customer is established after an order has been assessed by Vliegenthart B.V. for feasibility.
8.2 Vliegenthart B.V. reserves the right not to accept orders without reason, or only to accept under the condition that the dispatch is made cash on delivery or prepayment.
9. Images and Specifications
9.1 All images, photographs, drawings, etc., including data on weights, dimensions, colours, images of labels on the internet site of Vliegenthart B.V. are approximate and indicative for illustrative purposes only and may not constitute grounds for compensation or dissolution of the contract.
10. Force Majeure
10.1 Vliegenthart B.V. is not liable if and to the extent that its commitments cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which in all reasonableness should not be at its risk. Force majeure expressly includes delays at or failure to perform by our suppliers, Internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Vliegenthart B.V. and its auxiliaries, sickness of personnel, and defects in auxiliary or transport equipment.
10.3 In the event of force majeure Vliegenthart B.V. reserves the right to suspend its obligations and is also entitled to dissolve the agreement wholly or partly, or to demand that the content of the agreement be changed so that execution remains possible. In no case is Vliegenthart B.V. obliged to pay any penalty or compensation.
10.4 If Vliegenthart B.V. when force majeure arose has already fulfilled part of its obligations, or can fulfil only part of its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered, or deliverable has no independent value.
11.1 Vliegenthart B.V. is not liable for damage to vehicles or other objects caused by misuse of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of Title
12.1 The title and beneficial ownership of the goods remains the property of Vliegenthart B.V. until the customer has paid for the goods in full. As long as the customer has not paid amounts owed to Vliegenthart B.V. under the agreement or subsequent similar agreements, as long as the customer has not paid the work performed or to be performed under these or similar agreements and as long as the customer has not paid the amounts owed to Vliegenthart B.V. for failure to perform the agreement. Failure to meet such obligations, including claims in respect of penalties, interest and costs, all as referred to in Article 2:92 of the Dutch Civil Code.
12.2 Items delivered by Vliegenthart B.V. subject to retention of title may be resold only in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorised to pledge or restrict the goods falling under the reservation of title in any way
12.4 The customer gives unconditional and irrevocable permission to Vliegenthart B.V. or a third party to be appointed by Vliegenthart B.V., in all cases where Vliegenthart B.V. wants to exercise its property rights, to enter all those places where its property will be located and to take those goods there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights over them, the customer is obliged to inform Vliegenthart B.V. as soon as can reasonably be expected.
12.6 The customer undertakes to insure and keep insured the goods delivered under reservation of proprietary rights against fire, explosion and water damage as well as against theft, and to make the insurance policy available for inspection by Vliegenthart B.V. on demand.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between Vliegenthart B.V. and the purchaser, which cannot be resolved by mutual agreement, the competent court within the district Roosendaal knowledge, unless Vliegenthart B.V. gives preference to the dispute to the competent court of the residence of the buyer to submit, and with the exception of those disputes that belong to the jurisdiction of the district court.