[et_pb_section bb_built=”1″ fullwidth=”off” specialty=”off”][et_pb_row][et_pb_column type=”4_4″][et_pb_blurb admin_label=”Tekst ENG” title=”Terms and Conditions” use_border_color=”off” border_color=”#ffffff” border_style=”solid” header_font_size=”32″ body_font_size=”16″ max_width=”0px” header_line_height=”1.1em” saved_tabs=”all” border_color_all=”#ffffff” image_max_width=”0px” _builder_version=”3.20.2″ content_max_width=”100%”]<\/p>\n
1. Applicability<\/strong> The term “(the) seller” in these terms and conditions means the natural or legal person who, under 2. Offers and formation of agreements<\/strong> 3. Prices<\/strong> 4. Payment<\/strong> 5. Delivery and delivery time<\/strong> 6. Exchange and right of withdrawal<\/strong> 7. Retention of title<\/strong> 8. Liability<\/strong> 9. Force majeure<\/strong> 10. Intellectual Property<\/strong> 11. Personal information<\/strong> 12. Applicable law and competent court<\/strong> 13. Miscellaneous<\/strong> 14. Dutch text prevails<\/strong> [\/et_pb_blurb][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"
In these general terms and conditions, Naerebout is understood to mean at the Chamber of Commerce
Registered Atelier Naerebout, located at Paardeweide 28 in Breda. Tel. 06-53817061,
K.V.K. 20148204. VAT number 0968.63.778.B.01 These General Terms and Conditions apply
on all offers from Naerebout, hereafter referred to as seller and on all agreements between
seller and buyer.<\/p>\n
the applicability of these terms and conditions, an agreement for sale and \/ or delivery. This one
terms and conditions apply to every offer from or to and every agreement with
the seller and on the implementation thereof, everything exclusively insofar as the seller thereby sells
and \/ or the supplying party occurs or could occur as a result of an offer. Below the)
buyer “in these conditions is understood to mean the person who, in an offer or agreement, where
seller acts as a selling or supplying party or could act as before
described as the other party of the seller and his representatives,
Agents, assigns and heirs. Seller reserves the right for this
amend or supplement conditions from time to time. The amended conditions are therefore of
apply to agreements already concluded, unless this is in a concrete situation contrary to the
reasonable and fairness. By using the seller’s internet site and \/ or it
placing an order the buyer accepts these General Terms and Conditions as well as all others
rights and obligations as stated on the website.
The provisions in these General Terms and Conditions can only be deviated from if this is the case
expressly agreed in writing. If also the buyer to his terms and conditions
refers, those terms and conditions do not apply, unless explicitly stated in writing by the
seller has agreed. If in a court decision one or more articles of this
conditions are declared invalid, the remaining provisions of these conditions will be fully
remain in force and the seller and buyer will consult to discuss new provisions
to replace the invalid or nullified provisions, where possible
the purpose and scope of the invalid or voided provisions are observed.
The seller is authorized to use third parties in the implementation of an agreement with
copper.<\/p>\n
Every agreement is entered into by the seller under the condition that the buyer is sufficient
creditworthy. The seller is entitled to demand from the buyer that this is to the satisfaction of
the seller provides sufficient security to cover his obligations towards the seller. Seller is
entitled to suspend the execution of the agreement until the required security is provided
asked. All offers from seller are without obligation. Offers or quotations must be
are considered as an invitation to the potential buyer to make an offer.
The seller is in no way bound to this, unless this is in writing and unambiguous
recorded. The acceptance of the invitation to make an offer by the potential buyer
counts as an offer and only leads to the conclusion of an agreement such as the
other provisions in this article have been met. There is never an obligation for the seller to use a
potential Buyer to conclude an agreement. Offers and agreements are made under
reservation of the availability of products (while stocks last). If a product
that is temporarily out of stock is ordered by the Buyer or will be ordered by the seller
when the product is available again. An agreement is established on it
moment that an order confirmation is sent to the buyer by e-mail or by post to the
e-mail address or delivery address provided by the buyer. The buyer is bound by his order and will be obliged
are in the event of a change and \/ or cancellation of the order and the resulting damage for the buyer, al
costs incurred, loss of profit, loss of interest and the like, regardless of the reason
force majeure included for the change and \/ or cancellation, regardless of the acceptance of
buyer thereof. The aforementioned loss of profit is deemed to amount to at least 50% of the purchase price.
Seller retains the right to prove and claim a higher amount of damage. Seller is
entitled to terminate the agreement, or to refuse orders, or to this
to attach conditions if it has good reason to fear that the buyer will not fulfill its obligations
fulfill, for example because of past experiences. Buyer and seller come explicitly
agree that by using electronic forms of communication a valid one
agreement is concluded as soon as the conditions as described above have been met. With
in particular, the lack of an ordinary signature does not affect the binding force of
the offer and the acceptance thereof. The electronic files of the seller apply, insofar as
the law permits, here as a presumption of evidence. Information, images, announcements
statements provided orally, by telephone or via e-mail with regard to all offers
and the most important characteristics of the products are displayed (as accurately as possible)
done. However, the seller does not guarantee that all offers and products will be in full compliance with the given
information et cetera. Deviations cannot, in principle, lead to
compensation and \/ or dissolution, unless the deviation is such that the product is no longer
meets what the buyer could reasonably have expected in which case the
provisions on “exchange and right of withdrawal” of these General Terms and Conditions apply.<\/p>\n
All prices used by the seller are expressed in euros, in accordance with the
statutory regulations in this regard, and – unless otherwise stated – include sales tax, but
excluding other government levies and excluding shipping costs for work under the
\u20ac 200 unless stated otherwise in the information related to the product. If it ordered
product must be delivered outside the Netherlands at the request of the buyer, then the buyer is
liable for payment of any sales tax or import duties due.
Any special offers are only valid for the period of validity as stated in that
specific offer. The Buyer owes the price that the seller conforms in his confirmation
has notified the buyer of the provisions of these conditions. Obvious errors in the
quotation, such as obvious inaccuracies, that is to say, errors of which the buyer can reasonably be expected
could have suspected that there was a mistake, even after the conclusion of
the agreement will be corrected by the seller. Shipping costs are not included in principle
in the price of the product itself, unless otherwise specified. The amount to be paid by the buyer
shipping costs are stated on the website. Special deliveries apply outside the Netherlands
prices. With regard to certain payment methods, further conditions apply with regard to the
delivery method and associated costs. This is clearly communicated to the buyer.
The seller reserves the right to the stipulated price after the conclusion of the agreement
to change. If the price is increased, the buyer has the right to terminate the agreement
without obligation of the seller to pay compensation. This authority
the buyer does not accrue if it has been agreed that the delivery will be longer than three months after the
conclusion of the agreement will take place.<\/p>\n
Orders via the website can be paid in a number of ways. This is indicated
on the webshop (see Frequently asked questions) .Seller can make the payment options in the future
to expand. New payment options will be announced on the website. The
full price must be received by seller within fourteen days after invoice date or, if
this occurs earlier, before delivery. Partial payment never obliges seller to any
episode. As long as any amount owed by the buyer to the seller for whatever reason.
the security owed remains unpaid or has not been provided, the buyer cannot
rely on being paid any price. In the context of the foregoing is with the buyer
assimilated to any third party who has had financial or organizational ties with the buyer
or will get. If the price in connection with the above on the originally agreed
time has not been paid in full or can be deemed to have been agreed, agreed
as soon as this is the case. Which seller possibly before full payment accordingly
has delivered the aforementioned can be reclaimed by him as being delivered inappropriately
and can in no way put the seller in a more disadvantageous position than he without this delivery
would have been. Costs of receiving and returning and during the period between receiving
and giving back to the delivered goods connected, are at the expense of the buyer. Before
any obligation of the seller is claimable, the consequences of non-compliance with that
obligation never entered into by seller and seller can never be relied on that
the fulfillment of its obligations is in doubt. The buyer hit immediately after it
payment deadline without notice of default in default. Payments from the buyer stretch,
irrespective of any statements to the contrary from the buyer, always to the satisfaction of
the payments owed by the buyer to the seller, for whatever reason, in the following
order: interest and costs with regard to not (anymore) based on a reservation of ownership
goods that are delivered by the seller and that are delivered by the seller to the buyer, the price of the aforementioned
goods, other amounts owed by the buyer to the seller, interest and costs with regard to
up to (still) by the seller on the grounds of a retention of title identifiable items, by the seller
sold to the buyer and, finally, the price of the latter items, on the understanding that it is within
in each category mentioned, the longest outstanding item is always considered to be paid first.
Give payments made before the due date and \/ or due date
never any right to discount, interest or refund. The buyer is not settled by him
prices, interest and costs due with claims against the seller authorized, insofar as
the latter claims are not expressly stated by the seller in the relevant invoice as a credit item
are included. Any promised discounts will expire as soon as the customer is in default
affected with regard to the reduced price. The seller is not obliged to make payments
issue receipts. Discharge for any principal sum given by seller without express
discharge for interest and costs never implies the latter discharge. Discharge in respect of a
payment given by the seller relates solely to the payment for which discharge has been expressly granted
and not, for example, previously due payments.
In the event of late or late payment by the buyer, the day on which the payment should have taken place is due
find an interest on the outstanding amount up to the day of total satisfaction
payable of 2.0% per month, whereby a month entered becomes a full month
reckoned.
The buyer also bears all (extra) judicial costs of any nature whatsoever
the seller has as a result of the purchaser’s non-compliance with his (payment) obligations
have to make. In the event of late payment, the seller is entitled to the agreement with
to terminate immediately or to suspend (further) delivery until such time as the
the buyer has fully met the payment obligations, the payment of interest and
costs included. All that – payment or otherwise – to which the seller applies in respect of the
Obligations arising from any purchase agreement or these conditions are entitled, nothing
except, is jointly and severally owed by the owner, driver, or by anyone else
has the authority to dispose of the goods, irrespective of whether they accept the orders
seller to deliver goods or services in his own name and \/ or for his own account, or for
provided the account of third parties, on the understanding that performance by seller to one
release the other.<\/p>\n
Orders are of course delivered as quickly as possible. The agreed delivery times apply
only as an indication and never as a deadline. The seller can provide further information about delivery times
mention it on the website or otherwise make it known in writing or orally.
Such information is only of an indicative nature. Even in the event of deviations from the delivery period,
for whatever reason, the buyer is obliged to accept the purchased item. In the event of late delivery
the buyer by registered letter in default and give him a reasonable period of
permit at least 14 working days to still fulfill the delivery. Only if the seller
delivery also within that reasonable period, the buyer has the right to the agreement
dissolve without obligation of the seller to compensate for any damage. A possible one
the contractual penalty explicitly stated for exceeding the delivery period is not due
if the overrun is the result of force majeure.
Deliveries are made by the buyer during the conclusion of the agreement
specified address. All this will be made known to the Buyer in time. Seller takes care
for delivery by mail or by any other means at the discretion of the seller. Delivery by
mail or dispatch in any other way only takes place after the payment for the deliver
Products is received by seller. The seller is entitled to deliver the delivery in parts.
The additional costs of the subsequent delivery will be borne by the seller. For deliveries abroad
different conditions may apply.<\/p>\n
If there is a distance consumer purchase, then the buyer has the right to
dissolve the agreement without giving any reason within seven working days after the
receipt of the product. The costs of returning the product will be charged to the
Copper. Products must be properly and properly packaged to be returned incl. Purchase invoice. The
products must not be damaged. The complete undamaged packaging must also be present
to be. If these conditions are not met, costs will be charged
for returning \/ canceling the order. These costs will be a certain percentage of it
cover the purchase amount and these will be determined by the seller. Become an order
already refused at the door, the costs incurred by the seller will always be deducted
charged. The buyer is obliged to accurately (do) the products immediately upon receipt
inspect. Complaints about defects in the products must be in writing and as soon as possible
possible but at the latest within 7 days after postal delivery or – in case of invisible
defects – within 21 days after the defects could reasonably have been discovered. If
if the buyer is a consumer within the meaning of the law, this period is 2 months after the discovery of it
lack. The buyer, at his choice, simply gets his money back or a voucher if and when it arrives
product has been returned by the seller and the complaint has been found to be justified. The costs of
The return of the product is for the account of the seller. There may, without prejudice to the in the
law and the further stipulations in these General Terms and Conditions, will not be complained because of a
defect in the product if there is wear and tear which can be considered normal and beyond
in the following cases: 1. If there are changes in or to the product after delivery
made, including repairs that are not authorized by the seller or the maker of
the product has been carried out; 2. if the buyer cannot prove that he has the product with the seller
purchased; 3. if the defects are the result of not corresponding with the destination or
improper use; or4. if damage is caused by intent, gross negligence or
negligent maintenance. Claims and defenses, based on facts that could make the statement
justify that the delivered product does not comply with the agreement, expire by
1 year after the buyer has notified the seller, unless the buyer is a consumer
in which case a period of two years applies. Does not answer the delivered to the
agreement then the seller is at his choice only obliged to deliver the missing,
repair of the delivered product or replacement of the delivered product, unless repair or
replacement is impossible or cannot be demanded from the seller, in which case the buyer
may terminate the agreement or reduce the purchase price in proportion to the degree of
deviation from the agreed.<\/p>\n
Ownership of products, notwithstanding the actual delivery, only passes to the buyer after
buyer all that the buyer owes in respect of any agreement with the seller, in full
has paid, including reimbursement of interest and costs, also from earlier or later
deliveries and any work performed or to be performed with regard to the products. The
the buyer may not, before the ownership thereof has been transferred, tax, sell,
resell, alienate or otherwise encumber. The seller is authorized, but never required
to deliver goods to the buyer, for which payment has not yet been made of the
price, transport costs and \/ or claims due to the purchaser’s failure to perform
obligations. If the seller as referred to above brings the buyer into the power, it remains
the seller is the owner of the goods delivered, until the buyer, taking into account the above
with regard to payment, the price, transport costs and claims as referred to above,
fully satisfied. The buyer is authorized to the items on which the retention of title rests
to transfer third parties, provided that this is done at least at the price that the buyer with regard to the
concerning the goods in question to the seller and against cash, prior payment or under
stipulating an equal reservation of ownership. The buyer is expressly not permitted this
pledge goods to third parties or make them available to third parties who have a right of retention
can obtain. As long as the seller is still the owner of delivered products, the buyer is obliged
to return the goods to the seller at the seller’s first request
to give. After return, the buyer remains the full consideration and any interest, fines and costs
due, on which only an amount already received by the seller is deducted
as a result of the seller still realizing the goods. Realize this or
the seller is not obliged to monetize it in any specific way or time. Neither is seller
to enforce its rights under the reserved property. In sale, delivery or
transfer is never understood to be any part of or right from the intellectual and industrial
Seller’s property rights. All packaging not intended for single use
transport materials, such as pallets, pallet boxes and containers that reach the buyer, remain the property
from the seller and must be made available by the buyer to the seller upon first request
to become. As soon as the buyer fails to do so, he is obliged, without prejudice to the rights of
the seller from the above, the replacement value of the goods in question to the seller
to reimburse.<\/p>\n
The seller can only be held liable for damage caused to his intention or gross negligence
imputable or has arisen due to circumstances that are based on mandatory law
rules for his risk. The seller is never liable for consequential or commercial damage,
indirect damage and loss of profit or turnover. If the seller, for whatever reason, is obliged
to compensate any damage, the compensation will never exceed an amount equal to
the invoice value with regard to the product or service that caused the damage.
The seller is never obliged to pay compensation other than property and \/ or personal injury. The
the buyer is obliged to indemnify the seller against any third-party claim with regard to the execution
of the agreement against the seller, to the extent that the law does not oppose it
opposes that the relevant damage and costs must be borne by the Buyer.
The seller may include links on his website to other websites that may be
be interesting or informative for the visitor. Such links are purely informative.
The seller is not responsible for the content of the internet site to which reference is made or the
use that can be made of it. The products are sold in the condition they are in
are located. If the seller provides services such as solicited or unsolicited advice,
The following applies with regard to liability: When advice is given by or on behalf of seller
No liability can be accepted for this. The buyer indemnifies the seller
for all claims that third parties may have against the seller in connection with the aforementioned advice
Set up. Also for not giving advice in cases where the buyer thinks so
should have been advised do not assume seller’s liability.<\/p>\n
In the event of force majeure, the seller is not obliged to fulfill its obligations towards the buyer,
or the obligation to comply is suspended for the duration of the force majeure. In case
of force majeure, the seller has the right, without being obliged to pay any compensation
to declare the agreement dissolved in whole or in part, without any
judicial intervention will be required for this. All this leaves the buyer’s obligation to it all
delivered and to pay the costs already incurred. Force majeure means any of the
wants an independent circumstance of the seller, thereby fulfilling its obligations to the seller
the Buyer is prevented in whole or in part. These circumstances include
strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery by suppliers or
other third parties involved and the lack of any information to be obtained through the government
permit. Force majeure is also understood to mean malfunctions in a (telecommunications) network or
connection or used communication systems and \/ or the unavailability of the
internet site.<\/p>\n
The buyer expressly acknowledges that all intellectual property rights of displayed information,
communications or other expressions with regard to the products and \/ or with regard to the
Internet site and remain with the seller, his suppliers or other rights holders.
The agreement therefore does not result in the transfer of intellectual property rights.
The buyer is forbidden to make use of, including making changes, of
the intellectual property rights associated with the purchased product, such as for example
reproduction without the express prior written consent of the seller
suppliers or other rightholders, unless it is purely for private use in relation to it
product itself. All rights are expressly reserved for the sale and delivery of goods,
which relate to the intellectual property of the design and production method of the product sold.
These rights are not part of the purchase agreement, unless explicitly and in writing
is deviated. Imitation by or on behalf of the buyer is prohibited as well as being available
to sell the goods sold to third parties that can reasonably be assumed to have sold
purchased. In the event of a violation of this prohibition, the buyer will not forfeit a pre-limitation
susceptible penalty of 50% of the purchase price, with a minimum of EURO 500 per case or
produced item. 2. The buyer undertakes the prohibition contained in this article, together with the
to impose a penalty clause on his legal successors and also to impose the prohibition along with
the penalty clause, to be imposed on its legal successors, such that those legal successors in this regard
be bound to the seller. 3. In the event of non-compliance with the provisions arising from the previous paragraph
the buyer will be liable for the actions of his legal successors and
immediately claimable and non-moderating fine of EURO 5,000 per case to seller
forfeit.<\/p>\n
The seller will only process the buyer’s data in accordance with its privacy
policy. The seller hereby observes the applicable privacy rules and legislation.<\/p>\n
All agreements concluded by the seller, as well as the obligations arising therefrom
Dutch law applies. All disputes arising from or related to this
conditions and the legal relationships that arise between the parties will in the first instance be exclusively
be tried by the competent Court in Den Bosch, unless the seller prefers
to apply to the competent court at the place of residence of the buyer or to another
competent court.<\/p>\n
Seller is located at Paardeweide 28 4824 EH Breda and registered with the Chamber of
Commerce under number 20148204 (Atelier Naerebout). This is also the visiting address in case of complaints.
The seller can be reached by telephone for information on workdays from 9 a.m. to 5 p.m.
the number 06-53817061 until Friday. Seller strives to receive emails it receives
answer during accessibility times.<\/p>\n
The Dutch text of these general terms and conditions prevails over translations thereof.<\/p>\n