General sales, delivery and payment conditions of Biljartfabriek van den Broek - Van den Broek Biljarts located at Bolderweg 37 A / B - 1332 AZ Almere, registered with the Chamber of Commerce under number 33093724.
Phone number: 036-5374054. Accessible from Monday to Saturday from 10:00 to 16:30
E-mail address: [email protected]
Chamber of Commerce number: 33093724
VAT identification number: NL129815755B01
IBAN NL63 INGB 0695415166
BIC code INGBNL2A
Article 1: General
1.1 The general terms and conditions of the supplier apply to every supplier's offer and all agreements between the supplier and the buyer, unless the parties have deviated from these conditions in writing.
1.2 If one or more articles or parts of articles of these general terms and conditions would be invalid or destroyed, the other articles and parts of the articles shall remain legally valid.
1.3 Employees of the supplier, as well as third parties who have performed work for the buyer on behalf of the supplier, can invoke these general terms and conditions towards the contracting party.
Article 2: Offers, price and agreements
2.1 All offers and quotations from the supplier are without obligation. Measurements and weights listed in catalogs or in images only represent an approximate indication but do not bind the supplier. Price changes and / or construction errors are always reserved.
2.2 Unless otherwise stated, the supplier's prices are stated in euros, based on delivery "ex factory or warehouse" supplier, including VAT. Possible changes in exchange rates for goods from third parties to be charged from the time of the conclusion of the agreement with the customer are passed on.
2.3 In offers from supplier, among other things regarding the price, it assumes that all items are delivered in the usual execution and that all work can be carried out without undue delay and in the normal manner. Special requirements and circumstances must be reported in advance to the supplier in writing and in sufficient detail. Supplier will explicitly state in the offer whether and to what extent the supplier has taken this into account. Insofar as after the conclusion of the agreement the customer wishes to deviate from the agreements made, he is obliged to pay the associated costs to the supplier.
2.4 Agreements with supplier are made in the following ways:
- written record by the supplier of the agreements made with the customer;
- written acceptance by the buyer of an offer from supplier.
2.5 Oral announcements from employees of supplier shall only be binding on the supplier insofar as a representative of the supplier confirms these notices in writing to the buyer.
Article 3: Payment
3.1 The supplier shall at all times be entitled to require that the full invoice amount, or at least a percentage stated by the supplier in the quotation 7 days prior to the delivery of goods and the assembly thereof in a bank account to be specified by the supplier.
3.2 The customer is obliged to settle (the remaining part of) the price of the purchased goods as well as the costs of assembly in cash at the time of delivery and / or assembly, unless otherwise agreed with the supplier. This must be confirmed in writing.
3.3 If a delivery via invoice is paid, the payment must be received by the end date indicated on the invoice (usually 14 days after the invoice date).
3.4 In the event of late fulfillment of a (payment) obligation, the customer shall owe interest to the supplier of 1% per month from the date of the default. Furthermore, in the absence of timely payment, the customer owes extrajudicial collection costs of 10% with a minimum of € 250.00 per invoice.
Article 4: Delivery and transition risk
4.1 Delivery times of supplier never form deadlines. This means that insofar as supplier fulfills obligations within a reasonable period after the expiry of a period, there is no shortcoming by the supplier.
4.2 Shipments are made via parcel services and transporters. The customer is obliged to check the delivered goods both quantitatively and qualitatively on receipt. Any shortages or damage must be made known to the supplier in writing in accordance with article 7 of these terms and conditions of delivery.
4.3 Unless agreed otherwise in writing, delivery of goods takes place "ex factory or warehouse". Insofar as in addition to delivery of goods also assembly work or repairs take place, the customer must ensure that the assembly can start with convenient speed, among other things by making the workplace easily accessible for personnel of supplier and the materials to be supplied. Furthermore, the customer is obliged to provide the required power connections and good work light, if necessary to provide auxiliary tools such as hoisting equipment and scaffolding and to ensure that work by third parties can not impede or delay the progress of the work of the supplier.
4.4 The assembly work or repairs or maintenance carried out at the customer shall be deemed to have been completed and delivered, if the supplier has informed the customer that the assembly work has been carried out and the customer has approved the assembly work and / or the customer puts the assembled goods into use.
4.5 The Supplier is authorized to engage third parties (subcontractors) for the delivery and assembly.
4.6 From the time of delivery of goods or assembly work, the risk passes to the customer.
4.7 The transport of goods shall, unless otherwise agreed and subject to deliveries to private individuals, always take place at the risk of the customer, even if carriage paid delivery has been agreed upon. This also applies when the carrier mentions on consignment notes, transport addresses etc. the clause that all transport damage is for the account and risk of the supplier.
Article 5: Exchange, return shipments or complaints
5.1 The goods may be exchanged within 14 working days, provided the articles and packaging are undamaged. Exception are articles that have been specially edited for you or ordered especially for you. Within 30 days after receiving the return shipment, the amount due will be transferred to you. The costs of assembly and shipping / return shipping costs are at your own expense. For parcel post the regular shipping costs can be found at the parcel service. If we have the package returned by GLS, the costs are up to 5 kg € 8.50, up to 10 kg € 15.00, up to 30 kg € 25.00. The costs for assembled products are calculated on hourly wage, which is € 70.00 per hour including VAT and excluding KM. For revocation you must complete this form and send it here.
5.2 If an item is incorrect or delivered incorrectly, the total purchase amount will be refunded. The return shipment must then take place as soon as possible, in any case within 30 days after you have notified us of your complaint. The article and packaging must of course be undamaged and in original condition. Possible costs may be charged if the product is damaged.
5.3 We try to display the products as truthfully as possible. You should always take into account any minor differences. Pay attention; colors may vary by material, monitor settings etc.
5.4 We request you to check the delivered products as soon as possible. If you have complaints about an article and / or service supplied by us, please contact us at [email protected] We will then deal with your complaint and find a solution as soon as possible. By telephone or e-mail you will be informed of a possible solution of your complaint.
Article 6: Warranty
6.1 The Supplier guarantees the soundness of the goods delivered by it in normal use. This means that supplier is responsible for defects related to construction, manufacturing or material defects. For billiards, the condition applies here that the customer himself, or a third party engaged by the customer under an agreement and accepted by the supplier in writing beforehand, performs the placement and assembly and that the space in which the billiard is set meets reasonable quality requirements of the surface, room temperature and humidity, not only during delivery and assembly but during the entire warranty period. With billiards are excluded from guarantee the billiard table and its assembly, damage and normal wear and tear, damage due to non-normal use of the products, the expiration of the leveling of the billiards and any damage caused by moving billiards otherwise as by the customer himself or the third party engaged by the buyer under a contract and accepted by the supplier in advance.
6.2 The guarantee is provided for the duration as stated in the quotation and on the invoice. The warranty period is counted from the date of delivery according to the invoice, which also applies as warranty certificate. The guarantee is not transferable to subsequent buyer (s).
6.3 Under warranty, the supplier's choice at its own expense is completely or partially replaced or properly repaired. The costs of freight, assembly and disassembly, packaging, travel and accommodation costs are not covered by the guarantee and are fully at the customer's expense. Under warranty replaced goods and materials are the property of the supplier and should be returned in the absence of hair immediately after replacement, of which the costs of the non-returned parts will be charged to the customer. No new guarantee is provided for replaced or repaired goods, but only the remaining warranty period that applies to the goods delivered pursuant to the quotation and invoice referred to in 5.2 applies.
6.4 Insofar as the customer or third party performs repairs or changes to the delivered goods during the warranty period, without prior written permission from the supplier and insofar as, after approval, work is performed in the opinion of the supplier incorrectly and not in accordance with the user and assembly instructions. , the supplier is released from any warranty obligation. The Supplier is also relieved of its guarantee obligation if in its opinion maintenance work by third parties has been carried out in an unprofessional manner and not in the prescribed manner.
6.5 The supplier's guarantee obligation vis-à-vis her customer shall never extend beyond the guarantee that the supplier receives from her supplier for those goods and parts that have not been manufactured by the supplier and that for so many her supplier offers redress, regardless of what is stated in this article.
Article 7: Repairs and maintenance
7.1 No guarantee is provided by the supplier for repairs and maintenance other than for the performance of a guarantee provision.
7.2 Replacement items or parts will only be made available to the customer during the repair time in so far as this has been agreed with the supplier during the repair order.
Article 8: Advertising
8.1 Complaints must be made known to the supplier in writing within 8 days after delivery or completion. After the expiry of the term, complaints are no longer taken into consideration and the customer is deemed to have approved the delivery or completion.
8.2 Complaints regarding non-visible defects in the delivered goods must be made known to the supplier in writing within eight days after these defects become visible or manifest themselves. Afterwards, these complaints will not be processed. Insofar as the warranty period has expired after a non-visible defect occurs, the supplier is not obliged to process the complaint.
8.3 If the supplier accepts the complaint as well-founded, the supplier shall be obliged to repair or replace defective (parts of) items or to improve the work free of charge, without the customer being able to exercise any right to any compensation whatsoever.
8.4 Complaints about invoices must be made known to the supplier by the customer within 14 days of the invoice date. After that, complaints are no longer processed and the customer is deemed to have approved the invoice.
8.5 Complaints do not entitle the customer to suspend payments.
8.6 Returns of delivered goods can only be made free of charge, at the risk of the buyer after written permission to return the supplier. The return shipment does not mean that the advertising is acknowledged by the supplier. The return shipment must be made to the address of the supplier within 5 working days after obtaining the permission.
Article 9: Reservation of ownership
9.1 As long as the customer has not paid the full price for the delivery of goods and the execution of assembly work, the supplier remains the owner of the goods to be delivered or delivered.
9.2 The customer authorizes the supplier to enter all premises belonging to the customer or the associated companies or persons in order to enable the supplier to take delivery of the goods delivered and to inspect the goods at all times or have them inspected.
9.3 When a third party seizes goods in respect of which ownership has not yet passed to the customer, the customer shall immediately inform the supplier in writing of the attachment.
Article 10: Liability
10.1 The supplier shall never be liable for damage by a buyer or third parties suffered in connection with goods delivered by the supplier, or in the loan or otherwise made available or performed assembly or repair work, unless the damage is the direct result of intent or negligence from the supplier or third parties engaged by the supplier.
10.2 Excluded from compensation is trading loss, consequential loss, loss of profits, personal injury, loss of income, damage resulting from use of the delivered goods other than for which the items are intended or improper use of the delivered goods.
10.3 Supplier shall never be obliged to compensate more damage than the invoice value of that on which the claim for compensation is based.
10.4 Supplier shall never be obliged to pay more compensation than the insurer pays supplier to supplier.
Article 11: Force majeure
11.1 Force majeure includes: (civil) war, danger of war, terror, riot, flood, water damage, molestation, fire, occupation, strike, excessive absenteeism of the supplier's personnel, transport problems, unforeseen technical complications, business failures at supplier or at its suppliers, shortcomings by its suppliers, as well as government measures including, in any event, import and export prohibitions and quotas.
11.2 In the event of force majeure, the supplier suspends fulfillment of his obligation or dissolves the agreement in whole or in part, he shall never be liable to the customer for the damage that this causes to the customer.
11.3 If on entering the situation of force majeure the supplier has already partially fulfilled obligations arising from an agreement, the supplier is entitled to invoice separately for the performances already performed and the customer is obliged to pay this invoice as a separate transaction.
Article 12: Applicable law and competent court
12.1 Only Dutch law applies to all agreements with supplier and disputes arising therefrom, with the exclusion of the Vienna Sales Convention.
12.2 Disputes between supplier and customer arising from any legal ground whatsoever shall at all times be submitted to the District Court of Rotterdam unless a dispute falls within the competence of the District Court of the canton.
Article 13: Communication
13.1 Any communication between the supplier and the customer can take place electronically, except to the extent that the general conditions and / or the agreement and / or the law deviate from this.
13.2 The version of the communication in question stored by the supplier shall serve as proof thereof, subject to proof to the contrary by the customer.
13.3 Electronic communication by the supplier shall be deemed to have been received on the day of dispatch, unless the contrary is proven by the customer. If the communication has not been received as a result of delivery and / or accessibility problems relating to the customer's e-mailbox, this will be at the risk of the customer, even if the e-mailbox is housed at a third party.
Article 14: Information obligations supplier
14.1 The Supplier shall ensure that the general terms and conditions before or at the conclusion of the agreement are made available to the Customer electronically or not. The Purchaser is responsible for storing and printing the general terms and conditions and the agreement, if required, by means of facilities available on the website, in the browser of the customer or otherwise.
14.2 Without prejudice to any legal obligations existing for the supplier to keep the agreement and / or the general terms and conditions, the supplier is not obliged to keep an archived agreement and / or general terms and conditions accessible to the customer.
14.3 The Supplier shall, among other things, make the following information available through its website:
- name, address details and registration with the Chamber of Commerce;
- the main features of the Product and / or the Service;
- the price including all taxes;
- the method of delivery and payment;
- the possible costs of delivery;
- the address where the customer can submit a complaint, which address is deemed to be the address mentioned above under a, unless stated otherwise on the website of the supplier.
Article 15: Additional provisions for the conclusion of an agreement via the internet
15.1 The supplier's expressions on the website with regard to the provision of services and / or products are considered as an invitation to make an offer. Every agreement is entered into under the suspensive condition of sufficient availability of the products and / or services concerned.
15.2 The agreement is established by the supplier's confirmation of the buyer's order. Confirmation can take place electronically (for example via the website, by e-mail or similar technologies) or, if this has been agreed, in writing (by fax or letter).
Article 16: Privacy
16.1 The Buyer is deemed to have taken note of the supplier's privacy statement (which is (also) accessible here) and to consent to the processing of his personal data described therein.
16.2 The Customer is aware that the Supplier processes the personal data of the Customer, including information about customer activities on the website, such as the pages visited, the time spent on different parts of the website, the Internet address of the website where the Customer comes from and the products or services that the customer has ordered. Supplier stores this information in a database that is used for the execution of the agreement, with the aim of improving the service to the customer and providing information or offers to the customer.
16.3 The customer may inspect and have corrected the data that the supplier has collected about him. The customer has the right to ask the supplier to remove or shield eligible data from the customer. The Supplier shall decide on this request within 4 (four) weeks, after weighing the relevant interest of the supplier and the privacy interest of the Customer and, in case of a decision to foreclose or remove, the Customer will inform the extent to which the use of that Customer of Products and / or services can be limited or prevented.
Article 17: Contact costs
17.1 We do not charge contact costs. The call costs are only your own telephone costs.
Article 18: Facebook actions
18.1 These promotions are in no way affiliated with Facebook. There is no way sponsored, supported or organized by Facebook. The information by participating in the promotion is not provided to Facebook, but to Van den Broek Biljarts. Prize winners will be announced by us via our Facebook page.