ARTICLE 1 APPLICABILITY
1.1. These General Terms and Conditions apply to any offer from DERYAN BV and to any distance contract concluded by DERYAN BV and buyer.
1.2. Before concluding a distance contract, the text of these General Terms and Conditions will be supplied to the buyer electronically in such a way that the buyer can easily store it on a durable medium. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and they will be sent to at the consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
1.3. By placing an order you are stating that you agree to the general delivery and payment conditions.
ARTICLE 2 THE CONTRACT
2.1. A contract is concluded if the buyer has accepted the offer via electronic means, and DERYAN BV has promptly confirmed receipt of having accepted the offer via electronic means.
2.2. DERYAN BV will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the buyer can pay electronically, DERYAN BV shall observe appropriate security measures.
2.3. If the buyer is in default to DERYAN BV on the settlement of any agreement, DERYAN BV is at all times entitled, before proceeding to deliver, to demand from the buyer, that he provides sufficient security, that he has fulfilled his payment obligations.
2.4. All images, photographs and drawings including information regarding weights, dimensions, colours on the website of DERYAN BV are only applicable as approximations, are indicative and cannot serve as a reason for compensation for damage or termination of the agreement.
2.5. If you place an order at DERYAN BV your data will be included in the customer database of DERYAN BV. DERYAN BV complies with the Registration of Persons Act and will not provide your information to third parties. DERYAN BV respects the privacy of its website users and ensures a confidential treatment of your personal information. DERYAN BV makes use of a mailing list in some cases. Each e-mail sent will contain instructions for removing yourself from this list.
ARTICLE 3 PRICES
3.1. Prices will not be increased during the term of the offer, unless legal measures make this necessary.
3.2. Transactions with DERYAN BV will always be carried out under the agreed conditions.
3.3. All previous prices will automatically cease to apply when a change is made, no rights can be derived from this.
3.4. All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.5. All prices on the website are in euros and include 21% VAT.
3.6. Offers are not binding, unless otherwise stated in the offer. Upon acceptance of an offer by the consumer, DERYAN BV reserves the right to change the offer within 3 working days of receipt of such acceptance or to deviate from it.
3.7. Verbal agreements with DERYAN BV only apply after it has been confirmed in writing.
3.8. Offers by DERYAN BV do not apply automatically to reorders.
3.9. DERYAN BV cannot be held to its offer if the consumer should have understood that the offer, or a part thereof, contained an apparent mistake or typing error.
ARTICLE 4 Right of withdrawal
4.1. If there is a consumer purchase in accordance with article 7:5 BW, the customer has the right to cancel the agreement within a period of 7 working days without giving a reason. This period begins when the ordered goods are delivered. If, after this period has expired, the customer has not returned the products to DERYAN BV, the purchase is a fact.
4.2. The customer is obliged to notify DERYAN BV by letter within the period of 7 working days after delivery before proceeding returns. The customer must prove that the delivered products have been returned in time.
4.3. During this reflection period the customer shall handle the products and the packaging with care. He will only unpack or use the product to the extent necessary in order to judge whether he wishes to keep the product or not. If the customer exercises his right of withdrawal, the products must be returned in their original state and packaging including accessories to DERYAN BV, in conformity with the reasonable and clear instructions given by DERYAN BV. The return of the delivered products is entirely at the expense and risk of the customer.
4.4. The above right of withdrawal does not apply to products made according to the customer’s specifications including, for example, customization, or which have a clear personal character.
ARTICLE 5 COSTS OF WITHDRAWAL
5.1. If the customer exercises his right of withdrawal, at most the cost of return will be at the expense of the customer.
5.2. In accordance with the provisions of article 4, DERYAN BV will ensure that the purchase price excluding the calculated shipping costs will be paid back to the customer within 30 days after receipt of the return shipment.
ARTICLE 6 DELIVERY TIMES
6.1. Delivery takes place as long as stocks last.
6.2. All delivery dates quoted on the website are indicative. DERYAN BV is, as far as possible, obliged to the specified delivery time, but is not liable for the consequences of exceedance, which he reasonably could not have prevented. Such an exceedance, does not oblige DERYAN BV to pay any compensation, nor does it give the buyer the right to cancel the agreement.
6.3. When exceeding the delivery period referred to in paragraph 1 of this article, DERYAN BV is awarded a further term to deliver as yet. This period is equal to the original delivery period with a maximum of one month. When exceeding this term, the buyer has the right to cancel the agreement without giving a reason.
ARTICLE 7 DELIVERY
7.1. The place of delivery is at the address clearly identified by the buyer to DERYAN BV. If the address is incorrect or not correct because it is incomplete or not transmitted correctly by the buyer then the cost of return and resend of the package are at the expense of the buyer.
7.2. All products are transported at the expense of the buyer, unless the freight costs are factored into the price.
7.3. If the products are sent with means of transport of DERYAN BV or on its behalf operating forwarders, then the products are delivered directly to the buyer. The products travel in that case until the moment of delivery at the risk of DERYAN BV.
7.4. If the buyer refuses to take correctly supplied and unbroken products, then the resulting freight costs, costs of storage and return shipment etc. are at his own expense.
ARTICLE 8 GUARANTEE AND ADVERTISEMENTS
8.1. DERYAN BV grants for the delivered products, starting from the day of the invoice to the buyer the use of the warranty service as far as the defects are due to DERYAN BV, which occur during normal use, on the basis of the following depreciation procedure: within one year after the invoice date, the costs of repair or replacement, including the freight within the Netherlands, are entirely at the expense of DERYAN BV.
8.2. The customer is obliged to check the products immediately upon receipt. If it turns out that the delivered item is incorrect, faulty or incomplete, then the customer must immediately inform DERYAN BV of these defects in writing (before proceeding returns to DERYAN BV). Any defects or incorrectly delivered products must and can only be reported to DERYAN BV in writing within 2 months after delivery. The goods must be returned in their original packaging (including accessories and associated documentation) and be in ‘as new’ condition. Using a product after a defect has been noticed, damage that occurred after a defect has been noticed and encumbering and/or resale after a defect has been noticed, does void the right to claim and return entirely.
8.3. If the customer’s complaints are deemed to be well-founded by DERYAN BV, then DERYAN BV will, as per its choice, either replace the delivered goods free of charge or conclude a written agreement with the customer about compensation, on the understanding that DERYAN BV’s liability, and consequently the amount of the compensation, will always be limited to at most the invoice amount for the goods in question or (as per DERYAN BV’s choice) the maximum amount covered by DERYAN BV’s liability insurance in this instance. Any liability of DERYAN BV for any other form of damage is excluded, including additional compensation for damage in any form whatsoever, compensation of indirect damage or consequential damage or damage for loss of profit.
8.4. DERYAN BV is not liable for damage caused intentionally or equivalent deliberate recklessness of the buyer or third party.
8.5. This warranty does not apply if: A) and as long as the buyer is in default to DERYAN BV. B) The customer has repaired the delivered goods and/or modified or are repaired and/or modified by third parties. C) The delivered goods are exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of DERYAN BV and/or the instructions on the packaging. D) The defectiveness is entirely or in part due to regulations that the government has made or will make regarding the nature or quality of the materials used.
ARTICLE 9 LIMITATION OF LIABILITY
9.1. To the extent permitted by law, DERYAN BV’s liability for damages caused by defects of the delivered products is limited to the net invoice amount of the products delivered, unless the consequences of this exoneration are arguably unreasonable onerous for the buyer.
9.2. DERYAN BV is never liable for indirect damage, including damage from third parties.
ARTICLE 10 FORCE MAJEURE
10.1. When DERYAN BV is hindered in the execution of the agreement because of mobilization, risk of war, war, strike, lockout or a force majeure of a different nature, he is not bound by any term and also authorized to not execute the agreement closed by him fully or partially, without the need of any judicial measure. DERYAN BV should promptly notify the buyer of the occurrence of force majeure.
10.2. In all cases of force majeure, the other party will have the right to terminate the agreement, if it reasonably cannot be expected of her, that the agreement will be continued.
ARTICLE 11 APPLICABLE LAW AND COMPETENT COURT
11.1. All offers, agreements and the execution thereof are exclusively governed by Dutch law.
11.2. All disputes will, as far as they go beyond the jurisdiction of the magistrate, be handled by the competent court within the district of DERYAN BV.