General terms and conditions Beestenplein.

General terms and conditions of Beestenplein, established in Dongen.
Version valid from 01-01-2015.

Article 1. General

1.1 In these general terms and conditions of sale, ‘Beestenplein’ means: the webshop shop.beestenplein.nl
1.2 These terms and conditions form part of all offers from and agreements with ‘Beestenplein’ insofar as not expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these terms and conditions also apply if ‘Beestenplein’ has to engage third parties for the implementation of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by ‘Beestenplein’.
1.5 In the event that the Terms and Conditions and an Agreement contain mutually contradictory clauses, the Agreement will prevail. 1.6 If any part of the Terms and Conditions is null and void or is annulled, the other provisions of the Terms and Conditions will remain in full force and the parties will be bound to make every effort to determine, in consultation, a replacement clause that is valid and that meets the original objectives. of the parties as closely as possible.

Article 2. Offers and conclusion of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by ‘Beestenplein’.
2.2 Agreements for the delivery of goods and/or services only bind ‘Beestenplein’ after written confirmation. Actual execution by ‘Beestenplein’ or an invoice sent by ‘Beestenplein’ is equivalent to a written confirmation of the offer. 2.3 If the correctness of the content of this written confirmation is not contested within 8 days, also in writing, ‘Beestenplein’ and the customer are bound by it.
2.4 Offers from ‘Beestenplein’ do not automatically apply to repeat orders.
2.5 ‘Beestenplein’ cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.6 Additions, changes and/or further agreements are only valid if agreed in writing.

Article 3. Prices/Price Increase

3.1 Unless stated otherwise, all prices are expressed in Euros, including turnover tax (VAT).
3.2 ‘Beestenplein’ guarantees that price increases will not take place after the conclusion of the conditions, unless the price increase is the result of statutory regulations and/or provisions.
3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract on the day on which the price increase takes effect.

Article 4. Delivery

4.1 If items are available from stock, they will be shipped immediately after ordering. ‘Beestenplein’ may charge shipping costs for sending ordered items. The delivery of ordered goods takes place at the postal address known to ‘Beestenplein’, not being of a temporary nature, and issued to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the buyer has grounds for refusal based on the law.
4.3 If the customer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the customer.
4.4 The delivery obligation of ‘Beestenplein’ will be fulfilled, subject to evidence to the contrary, as soon as the goods delivered by ‘Beestenplein’ have been offered to the customer once. In the case of home delivery, the carrier’s report, including the refusal of acceptance, serves as full proof of the offer to deliver, subject to evidence to the contrary.
4.5 In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely for the account of the customer, unless the customer has good grounds for dissolution of the purchase or the replacement of the good. invokes.

4.6 Packages delivered by parcel service may be subject to an additional surcharge if the products exceed a certain shipping weight or exceed a certain size.

Article 5. Delivery time

5.1 A delivery time specified by ‘Beestenplein’ can never be regarded as a strict deadline. The delivery time only starts after all necessary information is in the possession of ‘Beestenplein’, after which ‘Beestenplein’ will try to make delivery within 30 days.
5.2 In the context of the rules of distance selling, ‘Beestenplein’ (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer (client) will receive payment within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Dissolution

6.1 Without prejudice to the rights of ‘Beestenplein’ based on the law, ‘Beestenplein’ is entitled by means of a written statement to the customer to suspend or dissolve the agreement in whole or in part with the right to compensation from the customer if after upon concluding the agreement, ‘Beestenplein’ becomes aware of circumstances that give ‘Beestenplein’ good grounds to fear that the customer will not fulfill its obligations or if ‘Beestenplein’ has asked to provide security for compliance when concluding the agreement and this security is not forthcoming or is insufficient (despite summons) as well as in the event of bankruptcy of the customer, an own application for bankruptcy by the customer, suspension of payments, liquidation or a decision to that effect, full or partial transfer of the business of the customer or seizure of any part of his assets.
6.2 If circumstances arise with regard to persons and/or materials that ‘Beestenplein’ uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so inconvenient and/or becomes disproportionately expensive, that compliance can no longer reasonably be demanded, ‘Beestenplein’ is authorized to dissolve the agreement.
6.3 The customer has the right to dissolve the agreement within a period of 14 days without giving any reason for delivered goods on the basis of an order with ‘Beestenplein’, if it concerns a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code. unless expressly agreed otherwise. This period starts at the moment that the ordered goods have been delivered. If the customer has not returned the delivered goods to ‘Beestenplein’ after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to report this to Beestenplein within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time (no later than 14 days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the customer, the right to dissolution within the meaning of this paragraph lapses. With due observance of the provisions of the previous sentence, ‘Beestenplein’ confirms the dissolution of the purchase immediately after receipt and inspection of the returned goods and ensures that within 30 days after proper receipt of the complete return shipment, the full purchase amount has been paid to the customer is refunded free of charge.
6.4 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services, such as telephone subscriptions of the (mobile) network operators offered by ‘Beestenplein’. The general terms and conditions of the said network operators will apply to the latter services, where ‘Beestenplein’ only acts as an intermediary or agent.

Article 7. Force majeure

7.1 Force majeure is understood to mean, in addition to what is understood in this respect in the law and jurisprudence, all circumstances over which ‘Beestenplein’ has no influence and which impede or make delivery of goods impossible, including but not limited to a strike at ‘Beestenplein’ and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) compliance occurs after ‘Beestenplein’ should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by ‘Beestenplein’ is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay compensation in that case.
7.4 If ‘Beestenplein’ has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 8. Warranty

8.1 ‘Beestenplein’ does not offer a more extensive guarantee on delivered goods than the guarantee (conditions) of the manufacturer of these goods, without however affecting the rights of the customer arising from mandatory statutory provisions.
8.2 However, ‘Beestenplein’ is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer (before proceeding to return it to ‘Beestenplein’) must immediately report these defects in writing to ‘Beestenplein’. Any defects or incorrectly delivered goods must and can be reported to ‘Beestenplein’ in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, this right to complain and return expires completely.
8.4 If complaints from the customer are found to be well-founded by ‘Beestenplein’, ‘Beestenplein’ will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of ‘Beestenplein’ and consequently, the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of ‘Beestenplein’) to the maximum amount covered in the relevant case by the liability insurance of ‘Beestenplein’. Any liability of ‘Beestenplein’ for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
8.5 ‘Beestenplein’ is not liable for damage caused by intent or equivalent deliberate recklessness of non-management personnel.
8.6 This warranty does not apply if:

A) and as long as the customer is in default towards ‘Beestenplein’;
B) the customer has repaired and/or modified the delivered goods himself or had them repaired and/or modified by third parties.
C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of ‘Beestenplein’ and/or instructions for use on the packaging;
D) the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 9. Payment

9.1 Unless agreed otherwise, payment must be made by means of a PIN transaction at the place of delivery of the products. Payment in installments is not possible.
9.2 After the expiry of 10 days after the invoice date, the customer is legally in default and from that moment onwards owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month is counted as a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application thereto, the claims of ‘Beestenplein’ and the obligations of the customer towards ‘Beestenplein’ are immediately due and payable.
9.4 If ‘Beestenplein’ has to hand over its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs due, with a minimum amount of 250 euros.
9.5 If ‘Beestenplein’ can demonstrate that it has incurred higher costs that were reasonably necessary, these will also qualify for reimbursement.

Article 10. Retention of title

10.1 The ownership of all goods sold and delivered by ‘Beestenplein’ to the customer remains with ‘Beestenplein’ as long as the customer has not paid the claims of ‘Beestenplein’ under the agreement or earlier or later similar agreements, as long as the customer has not paid the or work still to be performed under this or similar agreements and as long as the customer has not yet paid the claims of ‘Beestenplein’ due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all this as referred to in Section 3:92 of the Dutch Civil Code.
10.2 The goods delivered by ‘Beestenplein’ that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
10.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
10.4 The customer now gives unconditional and irrevocable permission to ‘Beestenplein’ or a third party to be appointed by ‘Beestenplein’ to enter all those places where its property will be located in all cases in which ‘Beestenplein’ wishes to exercise its property rights. and take those things there.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform ‘Beestenplein’ of this as soon as may reasonably be expected. 10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the ‘Beestenplein’ on first request.

Article 11. Privacy

11.1 ‘Beestenplein’ respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is not sold, shared or rented by ‘Beestenplein’ to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the website of ‘Beestenplein’ can be derived is voluntarily provided by the visitor. This information can be used within ‘Beestenplein’ (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of ‘Beestenplein’. The customer gives explicit permission for this. ‘Beestenplein’ is entitled to disclose information about a visitor in special cases, when there is reason to assume that the disclosure of that information is necessary to identify, to come into contact with or to institute proceedings against someone who intentionally or unintentionally harms or damages the rights or property of ‘Beestenplein’, other users of its website or others who may suffer damage from it. ‘Beestenplein’ is entitled to disclose information about users when we believe in good faith that the law requires this.
11.3 ‘Beestenplein’ collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor, insofar as this does not require a disproportionate effort or cost for ‘Beestenplein’.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with regard to the goods or services supplied by ‘Beestenplein’, such as trademark rights, design rights, patent rights, sui generis database rights, etc., rest exclusively with ‘Beestenplein’ and/or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other’s data of a confidential nature of which they become aware during the performance of the agreement.

Article 13. Applicable law. Only Dutch law applies to all offers and agreements of ‘Beestenplein’. The applicability of the Vienna Sales Convention is expressly excluded.

Article 14. Disputes

14.1 The customer can contact ‘Beestenplein’s for questions and/or complaints via info@beestenplein.nl. Complaints are usually dealt with within 5 days. If this is not possible for any reason, the customer will be informed of the delay.
14.2 The customer has the opportunity to submit the dispute to an independent disputes committee. This may be the Thuiswinkel disputes committee or another equivalent disputes committee, but this does not affect the right of the customer to submit the dispute to a competent court.