Terms and Conditions Parkeerapparatuur.nl

This document covers the general conditions for the delivery of products by parking equipment.nl to both consumers and business buyers. These general terms and conditions have been filed with the Dutch Chamber of Commerce in Eindhoven ~~under number 54071828~~. This is a free translation of the Dutch text. The Dutch text is leading.

Article 1 – Definitions

In these general terms and conditions, the following terms shall have the following meanings:

The seller: parkerenapparatuur.nl, established in Nuenen and with its registered office at Hooibeemd 1a, 5705 DD Helmond, registered in the Chamber of Commerce under number 54071828.
The buyer: the business buyer or the consumer.
The business buyer: a legal entity or natural person acting in the exercise of a profession or business and/or using a business email address, shipping address, and/or billing address in the agreement.
The consumer: a natural person not acting in the exercise of a profession or business.
The agreement: any legal relationship between the seller and the buyer relating to the sale and delivery of products ordered in the webshop.
Product: any item offered, to be delivered, or delivered by the seller under the agreement.
The webshop: parkerenapparatuur.nl.
Durable data carrier: any means that enables the buyer to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Consumer agreement: an agreement in which the buyer is a consumer within the meaning of Article 1(4).
Business agreement: an agreement in which the buyer is a business buyer within the meaning of Article 1(3).

Article 2 – Applicability

These general terms and conditions apply exclusively to all agreements arising from the use of the webshop. All other terms and conditions used by the seller for its other business activities do not apply to agreements arising from the use of the webshop.
Deviation from these general terms and conditions is only possible if expressly agreed upon in writing with the seller, in which case the remaining terms and conditions remain in force.
The buyer's general terms and conditions do not form part of the agreement and do not bind the seller unless the seller has expressly accepted these terms and conditions in writing. 4. Before the agreement is concluded, the text of these general terms and conditions will be made available to the buyer electronically in such a way that the buyer can easily store them on a durable data carrier. If this is not reasonably possible, before the agreement is concluded, the buyer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge, either electronically or otherwise, upon request.
To the extent that provisions in these general terms and conditions are based on mandatory consumer law, they apply exclusively to consumer agreements. These provisions expressly do not apply to business agreements.

Article 3 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the buyer to properly assess the offer. If the seller uses images, these must be a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the seller.
If there are any restrictions or conditions attached to the offer, these will be clearly stated.
Each offer contains sufficient information to make it clear to the buyer what rights and obligations are attached to accepting the offer. In the case of a consumer contract, this specifically concerns:

the price including taxes;
any delivery costs;
the manner in which the contract will be concluded and the actions required for this;
in the case of a purchase by a consumer: the applicability of the right of withdrawal; • the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the seller guarantees the price;
the manner in which the buyer, before concluding the agreement, can check and, if necessary, correct the information provided under the agreement. Each offer pertains solely to the sale of a product and does not include assembly and/or installation. Assembly and/or installation is always at the buyer's expense and risk.

Each offer pertains solely to the sale of a product and does not include assembly and/or installation. Assembly and/or installation is always at the buyer's expense and risk.
By entering into an agreement with the seller, the client accepts the applicability of the seller's general terms and conditions.

Article 4 – The Agreement

Subject to the provisions of paragraph 4 and the condition precedent of sufficient availability of the relevant product, the agreement is concluded at the time the buyer accepts the offer and meets the conditions set therein.
If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of acceptance of the offer electronically.
If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
The seller may, within legal frameworks, investigate whether the buyer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the agreement. If, based on this investigation, the seller has good reason not to enter into the agreement, they are entitled to refuse an order or request or to impose special conditions on its execution. 5. In the case of a consumer agreement, the seller will provide the consumer with the following information along with the product, digitally, in writing, or on a durable medium:

the visiting address of the seller's establishment where the buyer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information listed in Article 3, paragraph 3, of these terms and conditions, unless the seller has already provided this information to the buyer prior to the execution of the agreement.

Article 5 – The Price

All prices are in euros, including VAT and excluding packaging, delivery, or shipping costs, unless expressly agreed otherwise in writing. The seller will inform the buyer of all additional costs in a timely manner and before the conclusion of the agreement.
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates and/or other statutory levies, and except as provided in paragraph 3.
Price increases after the conclusion of the agreement are only permitted if the seller has stipulated this or if they result from:

statutory regulations or provisions;
a price increase implemented by the seller's manufacturer/supplier;

If the manufacturer's price increase is passed on to the buyer by the seller, the buyer has the right to terminate the agreement free of charge.
For business buyers, price increases after the conclusion of the agreement do not entitle them to termination, unless expressly agreed otherwise in writing.

Article 6 – Delivery

Delivery will only take place after the buyer has paid the purchase price, delivery and shipping costs, and any other costs, using the payment method specified by the seller.
The seller will exercise the utmost care when receiving and fulfilling orders for products.
The place of delivery is the address provided by the buyer to the seller.
The buyer is obligated to do whatever is reasonably necessary or desirable to enable (timely) delivery. The seller may assume that the products can be delivered to easily accessible locations using conventional means of transport, and that the buyer can take delivery of the product on the delivery date specified by the seller. If this is not possible and delivery incurs additional costs, these costs will be borne by the buyer.
The delivery and fulfillment date stated by the seller is only indicative, unless a deadline is expressly agreed upon in writing. In the event of late delivery, the seller must be given written notice of default, granting the seller an additional 30 days to deliver. The seller is only in default after the buyer has given notice of default.
If delivery of an ordered product proves impossible, the buyer will be notified within 14 days of placing the order. In that case, the seller will endeavor to provide a replacement product. The seller will inform the buyer of the replacement, the (additional) price, and the delivery time. If the buyer does not agree to the replacement product, they have the right to terminate the agreement free of charge. If it is impossible for the seller to deliver a replacement product, the seller is entitled to terminate the agreement.

Article 7 – Payments

(Business Buyer)

All products, packaging costs, delivery and shipping costs, and any other costs must be paid simultaneously with the order placement. The buyer is obligated to immediately report any inaccuracies in the (payment) information provided or stated in connection with the agreement to the seller.
If advance payment has been agreed upon, the buyer cannot assert any rights regarding the execution of the order before the agreed advance payment has been made.
The business buyer is not authorized to suspend payment of the purchase price or any other obligation, nor to proceed with any settlement, for any reason whatsoever.
For consumers, statutory rights of suspension and settlement are not contractually excluded.

Article 8 – Retention of Title

Ownership of the delivered products transfers to the buyer once the amount due has been paid.
The risk of the delivered products passes to the buyer upon delivery.

Article 9 - Personal Data

The parties are obligated to keep confidential all confidential information they receive about the other party's business. This also applies to any third parties engaged.
Information is confidential if designated as such by one of the parties.
As the controller within the meaning of the General Data Protection Regulation (hereinafter: GDPR), the seller is responsible for the protection of personal data, the use of which is necessary for the proper performance of the agreement.
When the seller processes the customer's personal data, this is done with the utmost care and diligence and in accordance with the GDPR.
The seller uses the personal data only to the extent necessary to provide services to the customer. The personal data will not be retained longer than is legally permitted or necessary for the performance of the agreement. 6. The Seller shall implement technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state of the art and the nature of the processing.

Article 10 – Right of Withdrawal (Consumers Only)

The right of withdrawal applies exclusively to consumer contracts. Business buyers do not have a right of withdrawal, unless otherwise agreed in writing.
During this period, the consumer will handle the product and its packaging with care. If they exercise their right of withdrawal, they will return the product with all delivered accessories, undamaged, in its original condition, and undamaged packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
If the consumer exercises their right of withdrawal, they will bear the costs of return shipping.
If the consumer has already paid the purchase price, the seller will refund this amount as soon as possible, but no later than 14 days after receipt of the returned product, provided that the provisions of paragraph 2 have been met.
The consumer's right of withdrawal expires as soon as the original packaging has been opened and/or the product has already been assembled and/or installed. In that case, the product, by its nature and in all reasonableness, cannot be returned to the seller.
The consumer does not have the right of withdrawal if the product was manufactured according to the buyer's specifications. In that case, the product, by its nature and in all reasonableness, cannot be returned to the seller.
The right of withdrawal lapses if the consumer breaks the seal on the packaging or the product after delivery.

Article 11 – Force Majeure

Failures by the seller to fulfill the agreement that are not attributable to the seller and are not for the seller's account under law, legal act, or generally accepted principles cannot be attributed to the seller.
If, due to circumstances of force majeure (such as strikes, floods, fire, war, unrest, disruptions in transport, stagnation or termination or restriction of the supply of energy, trade union actions, vandalism, accidents, non-delivery of necessary materials and semi-finished products by third parties, intent or gross negligence of assistants and other similar circumstances), performance of the agreement cannot reasonably be required or is delayed or is impossible, this does not entitle the buyer to terminate the agreement or to claim damages.

Article 12 – Liability

The limitations of liability contained in this article apply exclusively to business buyers, to the extent legally permitted.
The seller is never liable for direct or indirect, material or immaterial damage to the buyer and/or third parties related to or arising from the agreement, or related to the defects of the product and/or the manufacturer's instructions for use and installation.
The seller is never liable for direct or indirect, material or immaterial damage to the buyer and/or third parties resulting from incorrect installation, assembly, and/or use of the product by the buyer.
The seller's liability to the buyer, for whatever reason, is in any case limited to the amount equal to the purchase price of the product under the agreement. 5. Subject to the provisions of Article 13, the buyer indemnifies the seller against all third-party claims, of any nature whatsoever, regarding compensation for damage arising from or related to the agreement.
For consumers, liability is not limited further than is legally permitted.

Article 13 – Complaints Procedure

For business buyers, a complaint period of 14 days after receipt applies. For consumers, the statutory provisions regarding conformity apply.
Complaints are also inadmissible if the text is illegible or drafted in such a way that the precise nature of the complaint is unclear.
Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within 14 days with a confirmation of receipt and an indication of when the buyer can expect a more detailed response.

Article 14 – Warranty and Conformity

The warranty regarding the products supplied by the seller is limited, both in terms of content and duration, to the warranty granted by the manufacturer. The buyer is only entitled to a warranty from the seller if and to the extent that the manufacturer still provides a warranty.
The buyer is not entitled to a warranty if they have made or had made changes and/or repairs to the delivered product themselves, or if damage occurs as a result of negligent maintenance or is not the result of normal use.
The buyer is also not entitled to a warranty if the complaint/defect arises from or is related to normal wear and tear or incorrect assembly and/or installation of the product.
The seller guarantees that the products possess the properties that, taking all circumstances into account, are necessary (usable) for normal use, provided that the products have been correctly and properly assembled and installed by the buyer.
In the case of custom work, the buyer guarantees the specified dimensions and instructions. 6. If a complaint is justified within the warranty period, the seller will bear the call-out and/or shipping costs, repair costs, and/or replacement costs.
In the event of an unfounded complaint, the buyer will bear all costs incurred, including any call-out and shipping costs, labor costs, material costs, and extrajudicial (legal) costs. The minimum amount owed by the buyer in costs is €150.
This article does not affect the statutory rights of consumers regarding conformity (Articles 7:17 et seq. of the Dutch Civil Code).

Article 15 – Applicable law

All legal relationships between the seller and the buyer are governed exclusively by Dutch law, to the exclusion of the Vienna Sales Convention.