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| Conditions of Use |
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Article 1: General
(1) In these terms and conditions, ElekHomica V.O.F., established in Emmeloord are hereafter referred to as ElekHomica.
(2) The following terms of delivery and payment apply to all offers from ElekHomica. These terms and conditions are accessible to all and are published on the ElekHomica web site (www.ElekHomica.nl). A hard copy will be sent on request.
(3) Besides these general terms and conditions, ElekHomica could apply supplementary terms and conditions that specifically apply to the kind of transaction or nature of the activities to be executed. These supplementary conditions are part of these general terms and conditions.
(4) The stated terms and conditions prevail over those of the purchaser at all times, irrespective of whether the terms of the purchaser are in conflict with or deviate from the terms and conditions of ElekHomica.
(5) The Distance Selling Regulations apply to our sales.
Article 2: Realization of the agreement
(1) The sales agreement comes into effect once the offer of ElekHomica has been accepted, be it on Internet or otherwise. Acknowledgement and acceptance takes place when placing the order and receiving an order confirmation.
(2) ElekHomica retains the right to refuse an order or assignment without having to supply the reason for non-acceptance.
Article 3: Quotations
(1) Stated price lists of ElekHomica are not quotations.
(2) All quotations are valid for 14 days, unless stated otherwise.
(3) Quotations are without obligation, unless stated otherwise in the quotation.
Article 4: Special offers
(1) All special offers on the ElekHomica web site are valid for as long as it appears on the web site.
(2) ElekHomica retains the right put through price changes in the special offers.
Article 5: Prices
(1) All prices stated by ElekHomica are inclusive of VAT.
(2) The prices of ElekHomica products are stated on the price lists, with reservation for typing and printing errors. ElekHomica retains the right to inform the customer before delivery should this be the case.
(3) The products of ElekHomica are delivered against the prices that are valid on the day of order. The services of ElekHomica are executed against the price that ElekHomica calculates in the standard manner, after the rendering of services.
Article 6: Images
(1) All images, pictures, drawings, information on weight, dimensions, colours etc. displayed on the web site are valid by approximation and can never be cause for damages and/or annulment.
Article 7: Payment
(1) The fundamental operation is that the delivery takes place, after payment has been received, unless explicitly agreed otherwise. Payment can take place Cash on Delivery (COD) or via a bank transfer to our bank account. Delivery on invoice is only possible if this has been explicitly agreed on between the parties concerned.
(2) In the case where this is agreed and ElekHomica sends an invoice, payment is to take place within 14 days after date of invoice, unless otherwise agreed upon in writing.
(3) Should the purchaser not have paid the invoice on the due date ElekHomica, without serving prior notice, is entitled to 2% interest per month over the outstanding amount, whereby part of a month is calculated as a complete month.
(4) ElekHomica is authorized to submit the matter for debt collection if payment remains in arrears. As soon as ElekHomica has started this procedure, ElekHomica is entitled to charge the customer for the costs related to debt collection.
(5) Complaints and/or guarantee claims that are being considered do not give the right to postpone payment or part payment.
Article 8: Shipping
(1) ElekHomica carries the transport risk of the products. The risk transfers to the purchaser of the product once the products have been delivered at the address supplied.
(2) The purchaser is obliged to accept the products on delivery. In default of this, TPG Post will store the products.
(3) Should the purchaser refuse to accept the delivery of the products, the products will be returned to ElekHomica.
(4) In the case where the purchaser has refused to accept delivery of the products or has failed to pick them up from the TPG Post warehouse, ElekHomica retains the right to send an invoice for the costs incurred by ElekHomica. These costs include the transportation costs, administrative costs as well as loss of value. These costs amount to 10% of the sum total with a minimum of € 20. -.
Article 9: Delivery
(1) For orders with COD payment, delivery of the goods takes place within 10 working days after receipt of order. The same delivery terms apply to orders that are paid in advance but the starting point is the date of receipt of payment rather than the date of receipt of order. Should the delivery time exceed 10 days, the purchaser will be informed of the reason for the delay.
(2) The terms of delivery should be viewed as an undertaking of best effort and should be considered as approximate delivery dates.
(3) Exceedance of a delivery term does not entitle the purchaser to make any claims for damages, annulment of the agreement or any other activity against ElekHomica.
Article 10: Guarantee
(1) ElekHomica vouches for the quality of the services rendered to the best of its knowledge and the good quality of the products it delivers, provided that the guarantee does not exceed the following stipulations:
(2) ElekHomica follows the period of guarantee stipulated by the manufacturer/supplier of the products supplied.
(3) ElekHomica does not provide a guarantee on consumer items (batteries etc.) unless a guarantee period has been explicitly stated in writing.
(4) The purchaser cannot make an appeal on guarantee stipulations if:
A: the purchaser has neglected the products.
B: the purchaser has made alterations/adjustments to the products or had this done by a third party, which also includes repairs that were not executed by or on behalf of ElekHomica.
C: malfunction is due to improper or negligent use, wrong connections, incorrect mains voltage, lightning strike, damage due to moisture absorption or other external calamities.
D: the device/equipment was not maintained in the usual manner or according to the directions provided in the operating manual.
E: the device/equipment is used with inferior or incorrect accessories.
F: the purchaser has been negligent with the products in another way.
Shipping costs incurred for sending a product to ElekHomica are for the account of the purchaser. The shipping costs from ElekHomica to the purchaser are for the account of ElekHomica, if it is related to a guarantee request.
Article 11: Reservation of ownership
(1) Ownership of the products supplied by ElekHomica is explicitly reserved as the property of ElekHomica until the complete purchase price has been settled.
Article 12: Trademark
(1) The factory or trade marks as well as the type or identification numbers or signs affixed on the products supplied by ElekHomica must not be removed, damaged or modified in any way.
Article 13: Limited liability
(1) ElekHomica does not accept any liability for damages to other equipment of the purchaser or third parties that is caused by a defect in a part, system or software supplied.
(2) ElekHomica is not in any way liable for damages to products due to incorrect treatment, lack of expertise, incorrect assembly, incorrect use or use outside the specifications.
Article 14: Force majeure
(1) If ElekHomica is unable to meet its obligations to the purchaser due to force majeure, fulfilment of the obligations is suspended for the duration of the condition of force majeure.
(2) Should force majeure last for a period of 1 month, both parties retain the right to nullify the agreement in part or in full, in so far as justified by the situation of force majeure.
(3) In the case of force majeure, the purchaser does not have the right to claim any kind of damages or compensation.
(4) ElekHomica will inform the purchaser immediately if there is a (threat of) force majeure.
Article 15: Annulment
(1) If the purchaser does not meet its obligations towards ElekHomica in time or adequately, as well as in the event of being in a state of or filing for bankruptcy, compulsory liquidation, suspension of payment or is offering its creditors or part of its creditors an arrangement or agreement, or in case of attachment of assets or part of its assets, or if in the process of transfer of ownership or liquidation as well as in the event of death, is in receivership or is not in control of or has lots leadership of the company, products or part thereof, the purchaser is legally in default and every claim that ElekHomica has or receives at its expense becomes immediately due without prior serving of notice.
(2) In cases such as stated under 1, ElekHomica retains the right, without serving prior notice, to suspend further execution of the agreement or annul the agreement partly or completely.
(3) ElekHomica is authorized at all times to claim damages as well as take back its products in any of these cases.
(4) Should the purchaser wish to nullify the contract, the purchaser is obliged to inform ElekHomica of default in writing and grant a reasonable period for ElekHomica to fulfil it obligations or rectify the shortcomings, of which the purchaser has provided a detailed and accurate description.
(5) The purchaser does not have the right to partly or completely nullify or suspend its obligations if the purchaser was already in default or neglect of fulfilment of its duties.
(6) In the case of part of complete annulment, the purchaser does not have the right to lay claim to nullification of services already rendered by ElekHomica and ElekHomica’s right to full payment for the services performed remains unimpaired.
Article 16: Arbitration
Dutch law applies to all court cases. In the case of unsolvable disputes between purchaser and ElekHomica, the judgement of the Dutch bench will be binding.
Article 17 Returns
ElekHomica offers you the service of returning the items to ElekHomica within 8 days after receipt.
We will reimburse the purchase value of the item. The additional shipment costs cannot be claimed.
If the item or the packaging is damaged or incomplete, the item will be not accepted for return.
Return shipments, with sufficient postage, can be sent to:
ElekHomica
Attn. Customer Service
P.O. Box 191
8300 AD EMMELOORD
The Netherlands
Article 18: Claims
Claims (wrong delivery and damages), the buyer has to claim in written within 48 hours after the day of delivery of the goods at info@elekhomica.nl. The buyer has to enclose an invoice number and customer number. Verbal claims and claims that expire the 48 hour term will not be accepted.
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