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General terms and conditions
General Terms and Conditions HVPaqua.
Article 1 General
1. These general terms and conditions apply to all offers/quotes, agreements and the performance thereof as agreed by HVPaqua and a Client to which HVPaqua has declared the applicability of these terms and conditions. A Client is regarded as a legal entity or individual which/who acts in the performance of a profession or company with which HVPaqua has concluded an agreement.
2. The applicability of any purchase or other terms and conditions of the Client are explicitly rejected, unless otherwise is explicitly agreed upon in writing.
3. If one or more provisions of these general terms and conditions are declared fully or partially nullified or removed, then that stated in the remainder of these general terms and conditions remains applicable in full. In that case, the HVPaqua and the Client will meet in order to agree new provisions to replace the nullified or removed provisions, whereby the aim and intent of the original provisions are followed to the extent possible.
4. All the agreements concluded by the HVPaqua and the Client which are subject to these general terms and conditions are exclusively governed by Dutch law. Any disputes arising between the Client and HVPaqua are exclusively brought before the court in the place where HVPaqua resides, unless imperative law prescribes otherwise.
5. These general terms and conditions can also be downloaded from the website of HVPaqua. A copy of the general terms and conditions is also sent (digitally) upon request. A copy of the English language version of the general terms and conditions is sent upon request.
Article 2. The Offer
1. The offer of HVPaqua contains a full and specific description of the offered product. The description is sufficiently detailed in order to enable the Client to make a good assessment of that offered.
2. Each offer of HVPaqua is free of obligation unless otherwise is stated or linked to a specific period. An offer is cancelled if the product to which the offer relates has in the meantime become unavailable.
3. Each image, photo, drawing, information regarding product specifications etc. published on the website of HVPaqua are only indicative and cannot give rise to a payment of damages or dissolution of the agreement.
4. HVPaqua is not obliged to honour its offers if the Client can reasonably understand that the quotes, or a part thereof, contain an apparent mistake or typo.
5. Any price listed in the offer is exclusive of VAT and other government levies unless otherwise is stated. Changes in the levies imposed by the government are always recharged in the price.
6. Any price listed in the offer is exclusive of transport costs unless otherwise is stated.
7. Any price listed in the offer is inclusive of packaging costs unless otherwise is stated.
8. If the acceptance (whether or not on minor points) deviates from the offer stated in the quote or offer, then HVPaqua shall not be bound by it. The agreement will in that case not be concluded pursuant to this deviating acceptance, unless HVPaqua states otherwise.
Article 3. Concluding the Agreement
1. An agreement is concluded the moment that the Client accepts the offer of HVPaqua.
2. When a Client has placed an order digitally, HVPaqua will immediately confirm the receipt of the order digitally. The agreement is concluded the moment HVPaqua confirmed the order. The latter retains the right to refuse an order without stating the reason.
3. If the agreement is concluded electronically, HVPaqua will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange a safe web environment. If the Client can pay electronically, HVPaqua will take suitable safety measures in this respect.
Article 4. Delivery
1. The delivery will be made insofar still in stock. If after placing the order it becomes clear that a product is not in stock, the Client is informed of this as soon as possible and the relevant product will be delivered as soon as possible in consultation with the Client.
2. When a product is not available, or not available in the short term, then a different similar product will be offered if possible and in consultation with the Client.
3. The place of delivery is the address that the Client provided to HVPaqua. The delivery is made from the place of residence of HVPaqua unless otherwise has been agreed.
4. If a specific period has been agreed or provided for the delivery of certain products, then this is never a deadline but an indication of the delivery period. Upon exceeding a period, the Client must then declare HVPaqua in default in writing and HVPaqua must be offered a reasonable period of time in which to perform the agreement.
5. Notwithstanding any evidence to the contrary, the supply obligation of HVPaqua will have been complied with as soon as HVPaqua offers the Client the delivered product(s) once, upon delivery at the indicated address the report of the transport company for the refusal of acceptance constitutes the full proof of delivery.
6. The Client must accept the products he has ordered. If the Client refuses to receive the ordered products, the products are stored by HVPaqua. These additional costs plus the costs for the ordered products are payable by the Client.
7. If the Client provides his address in writing or digitally to HVPaqua, the latter is authorised to send all the orders to that address, unless the Client provides a different address in writing or digitally where the (partial) orders need to be sent.
8. The risk of damage and/or loss of products is held by HVPaqua until the moment of delivery to the Client, unless otherwise has explicitly been agreed.
Article 5. Retention of title
1. HVPaqua remains the owner of all the items it has delivered up until the moment that the Client has sufficiently and fully complied with his payment obligations in respect of HVPaqua.
2. The Client is not entitled to pawn items that are subject to the retention of title or to mortgage them in any other way. If third parties impound items that were delivered under retention of title or wish to apply any rights thereon, then the Client must immediately inform HVPaqua as soon as possible.
Article 6. Payment
1. Payments must be made in € (euro), unless otherwise has been agreed.
2. The Client must pay the invoice before delivery, unless otherwise has been agreed.
3. If the Client has not paid the invoice within the stipulated period, the claim will be forwarded to a debt collection agency. All the resulting legal and extra-judicial costs including statutory interests are payable by the debtor.
Article 7 Guarantee/Returning goods
1. HVPaqua guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable conditions of reliability and/or usability and the legal provisions and/or government requirements as they apply on the date on which the agreement is concluded.
2. The guarantee does not apply if parties other than the supplier of HVPaqua or the latter made changes to the delivered products without the permission of HVPaqua, or in the event of inexpert or inappropriate use, such as knocking, falling etc.
3. The products delivered by HVPaqua are subject to a guarantee period of 2 years unless otherwise has explicitly been agreed in writing. If the guarantee issued by HVPaqua concerns an item that was manufactured by a third party, then the guarantee is limited to that issued by the manufacturer of the item, unless otherwise is stated. After the guarantee period has lapsed any costs for repair or replacement, including administration, delivery and call-out costs, will be invoiced to the Client.
4. If the delivered product contains manufacturing error(s), then the Client must report this per email to HVPaqua within five working days after receiving the product, after which a replacement product will be sent free of charge. The costs of returned delivery are payable by HVPaqua. If it appears that no manufacturing errors are involved then the above mentioned costs are payable by the Client.
5. Goods must be returned with the original invoice in the original and undamaged packaging.
6. If the product cannot be returned in original packaging, then the Client must arrange sufficient packaging. Any transport damage in the event of inadequate packaging due to the returning of the products are for the risk of the Client.
7. Repair or replacement as a result of a product under guarantee does not extend the guarantee period once it has commenced.
8. Returned items whereby the packaging is not paid will be refused by HVPaqua.
9. The guarantee is cancelled if the product is connected to another voltage or in another way than stated with or on the article, on the website or the packaging or other data carrier.
10. The guarantee is cancelled upon the failure of a product due to short circuit and/or voltage fluctuations in the power supply to which the relevant product is connected or other causes, except manufacturing errors, causing a failure.
Article 8. Liability
1. Any liability of HVPaqua will be limited to direct damage and to the provisions of this article.
2. HVPaqua is not liable for any type of damage if this results from the Client providing incorrect and/or incomplete data, unless it can be proven that HVPaqua should have been aware of them.
3. HVPaqua is not liable for misprints or mistakes on its website.
4. Any liability of HVPaqua will in any even be limited to the maximum amount paid out by the insurer of HVPaqua depending on the situation and that is proportionate to the part of the agreement to which the liability relates.
5. If HVPaqua should be liable for any damage, then the liability of HVPaqua is limited to no more than the invoiced value of the order, at least the part of the order to which the liability relates.
6. For any misunderstandings, delays or the incorrectly conveying of order details and notifications as a result of the use of internet or any means of communications in the traffic between the Client and HVPaqua, the latter is not liable.
7. The limitations stated in this article do not apply when the damage can be attributed to intent or gross negligence of HVPaqua.
Article 9. Force Majeure
1. HVPaqua is not obliged to meet any obligation if it is prevented from doing so due to a circumstance that is not attributable to guilt, and is not payable by HVPaqua pursuant to the law, a legal act or generally prevailing opinion.
2. Force majeure is defined in these general terms and conditions as that stated in this respect in legislation and case law plus any additional causes, foreseen or unforeseen, over which HVPaqua has no power of control, but that do cause the inability of HVPaqua to meet his obligations.
3. HVPaqua can suspend the obligations under the agreement during the period the force majeure continues. If this period lasts longer than a full calendar month, each party is entitled to dissolve the agreement, without obligation to payment of damages to the other party.