General Terms and Conditions
General terms and conditions for Holland Hoisting B.V.
Table of contents:
Article 1 - Definitions
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or different provisions
Article 1 - Definitions
1. All offers, purchase agreements and deliveries of Holland Hoisting B.V. the General Terms and Conditions apply, unless explicitly agreed otherwise in writing
2. Customer: natural persons, legal entities and persons in the course of their business or profession, who are the other party to quotations, offers, communications and purchase agreements.
3. Reflection period: the period within which the consumer can make use of his right of withdrawal.
4. Identity of the entrepreneur:
Holland Hoisting B.V.
Wilgenweg 17
3421 TV in Oudewater
Email address: info@hollandhoisting.com
Opening hours: Monday to Friday 8.30am - 5pm
Netherlands Chamber of Commerce number: 29047818
VAT identification number: NL803678794B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Holland Hoisting B.V. and on every agreed purchase agreement and orders made between Holland Hoisting B.V. and consumer.
2. Before the purchase agreement can be concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the purchase agreement is concluded that the general terms and conditions at Holland Hoisting B.V. can be viewed and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the purchase agreement is concluded electronically, contrary to the previous paragraph and before the purchase agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way in which the consumer can easily store the durable data. If this is not reasonably possible, it will be indicated where the data can be retrieved before the purchase agreement is concluded
Article 4 - The offer
1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Holland Hoisting B.V. is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are only an indicative representation of the products offered. Holland Hoisting B.V. cannot guarantee that the images, drawings, weights, dimensions, colors, etc. displayed exactly correspond to the real specifications of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Special consideration’s:
• The price excluding and including VAT.
• The possible costs of shipping.
• The way in which the purchase agreement will be concluded, and which actions are required in order to do this.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery and implementation of the purchase agreement.
• The term for accepting the offer, or the term within which Holland Hoisting guarantees the price.
• The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
• Whether the purchase agreement will be archived after the conclusion, and if so, how it can be consulted by the consumer.
• The way in which the consumer, before concluding with the purchase agreement, can check the information provided to him under the purchase agreement and if necessary, restore it.
• Any other languages, in addition to Dutch, in which the purchase agreement can be concluded.
Article 5 - The agreement
1. The General Terms and Conditions apply to all offers, purchase agreements and deliveries of Holland Hoisting, unless explicitly agreed otherwise in writing.
2. The entrepreneur can - within legal frameworks - inform themselves whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement contract. If, on the basis of this investigation, Holland Hoisting has good reasons not to enter into the purchase agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution of the purchase agreement.
3. Holland Hoisting will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the business location of the entrepreneur where the consumer can go with complaints.
b. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
c. Information about guarantees and existing service after purchase.
d. The information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the purchase agreement.
e. The requirements for terminating the purchase agreement if the agreement has a duration of more than one year or is indefinite.
4. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
5. Each purchase agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the purchase agreement without giving any reason within 7 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - in the original condition and packaging to Holland Hoisting B.V., in accordance with the conditions set by Holland Hoisting B.V. provided with reasonable and clear instructions.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 7 days after receipt of the product. The consumer must make this known in writing. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 7 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 and has not returned the product to Holland Hoisting, the purchase is confirmed between the two said parties.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the total costs shall not exceed the cost of the return.
2. If the consumer has paid an amount, Holland Hoisting will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for a reduction in the value of the product if Holland Hoisting B.V. has not legally given all required information about the rights of withdrawal, this must be done before the purchase agreement can be concluded.
Article 8 - Exclusion of right of withdrawal
1. Holland Hoisting B.V. can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the purchase agreement to be concluded.
2. Exclusion of the right of withdrawal is only possible for products:
which have been created by Holland Hoisting in accordance with the consumer's specifications.
b. That are clearly of a specific nature.
c. That cannot be returned due to their specific nature.
d. Whose price depends on fluctuations in the financial market over which Holland Hoisting has no influence.
e. That have been ordered and / or adjusted at the request of the consumer.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, Holland Hoisting B.V. products or services whose prices are subject to fluctuations in the financial market and where Holland Hoisting B.V. does not affect, with variable prices offer. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the purchase agreement are only permitted if the entrepreneur has stipulated this and:
a. that these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
1. Holland Hoisting B.V. guarantees that the products and / or services comply with the purchase agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the purchase agreement.
2. A guarantee provided by Holland Hoisting B.V., manufacturer or importer does not affect the legal rights and claims, that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. Holland Hoisting B.V. is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties.
• The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging.
• The inadequacy is wholly or partly the result of regulations that the government has made or will
make with regard to the nature or quality of the materials used.
Article 10 - Conformity and Warranty
1. Holland Hoisting B.V. guarantees that the products and / or services comply with the purchase agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the purchase agreement.
2. A guarantee provided by Holland Hoisting B.V., manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the purchase agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. Holland Hoisting B.V. is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties.
• The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging.
• The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 12 - Payment
1.Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period after the consumer has received confirmation of the purchase agreement.
2. The consumer has the duty to report inaccuracies in payment details provided or stated without delay to Holland Hoisting B.V.
3. In the event of non-payment by the consumer, Holland Hoisting has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
1. Holland Hoisting B.V. has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaint’s procedure.
2. Complaints about the performance of the purchase agreement must be submitted fully and clearly described to Holland Hoisting B.V. within 2 months after the consumer has discovered the defects.
3. Holland Hoisting B.V. will answer all complaints submitted within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should contact Holland Hoisting B.V.
6. A complaint suspends the obligations of Holland Hoisting B.V. unless Holland Hoisting B.V. indicates otherwise in writing.
7. If a complaint is found to be well-founded, Holland Hoisting B.V. has the right to an option has whether to replace or repair the delivered products free of charge.
Article 14 - Disputes
1. Purchase agreements between Holland Hoisting B.V. and the consumer to whom these general terms and conditions apply, only Dutch law applies. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 15 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data media.