General Conditions RCG Carp Gear BV
Article 1 - Application of the general terms and conditions
1. These general terms and conditions consist of two distinct titles. Depending on the capacity of the customer, consumer or business customer, Title I or Title II respectively will apply. These titles should therefore be applied strictly separately from each other.
2. Title I (Articles 2 – 19) applies to the contractual relationship, as described in
art. 4 of RCG Carp Gear BV with consumers.
3. Title II (Articles 20 – 32) applies to the contractual relationship, as described
in art. 21 of RCG Carp Gear BV with business customers.
4. Additional conditions apply specifically for Evion li-ion batteries and accessories
included in the accompanying manual. These apply to Title I and Title II of these terms and conditions.
Title I - Business to Consumer
Article 2 - Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement whereby the consumer purchases products, digital
acquires content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection time: the period within which the consumer can make use of his
right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to
his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods,
services and/or digital content for a certain period of time;
7. Durable data carrier: any resource – including email – that the
enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information makes;
8. Right of withdrawal: the possibility of the consumer to waive the
the distance contract;
9. Entrepreneur: the natural or legal person who supplies products, (access to) digital content
and/or offers remote services to consumers;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more more techniques for distance communication;
11. Model withdrawal form: it included in Appendix I of these terms and conditions
European model withdrawal form. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 3 – Identity of the entrepreneur
RCG Carp Gear BV
Business address: Bremere 43, 4724 HD Wouw;
Visiting address: Hazeldonk 6252-6254, 4836 LG Breda;
Phone number: +31680070268
Chamber of Commerce number: 71201033
VAT identification number: NL858620194B01
Article 4 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to
any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 5 - The offer
1. If an offer has a limited period of validity or is made subject to conditions,
this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and
obligations associated with the acceptance of the offer.
Article 6 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time
of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the consumer confirms
entrepreneur without delay electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate
technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content, the entrepreneur will
consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer
complaints can be filed;
b. the conditions under which and the manner in which the consumer of the
can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content;
to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration
has more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an expensive transaction, the provision in the previous paragraph only applies to the
Article 7 - Right of withdrawal
1. The consumer can enter into an agreement with regard to the purchase of a product
during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day
on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the
day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a
certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
a. The consumer can sign a service agreement and a delivery agreement
of digital content that has not been delivered on a material carrier for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
b. The reflection period referred to in paragraph 3 commences on the day following the closing of the
Extended cooling-off period for products, services and digital content that is not delivered on a material medium in the event of not informing about the right of withdrawal:
a. If the entrepreneur provides the consumer with the legally required information about the
right of withdrawal or has not provided the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
b. If the entrepreneur provides the information referred to in the preceding paragraph to the
consumer has provided within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 8 - Obligations of the consumer during the cooling-off period
1. During the reflection period, the consumer will handle the product and the packaging with care.
He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that it
is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the
the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this within the
reflection period by means of the model withdrawal form or in another unambiguous way to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the referred to in paragraph 1.
notification, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably
possibly in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with
5. De consument draagt de rechtstreekse kosten van het terugzenden van het product.
6. The consumer does not bear any costs for the full or partial delivery of
digital content delivered to a material medium, if: a. he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery; b. he has not acknowledged to lose his right of withdrawal when granting his consent; or c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer exercises his right of withdrawal, all additional
contracts terminated by operation of law.
Article 10 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur reports the withdrawal by the consumer electronically
makes this possible, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses all payments from the consumer, including any
delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer has for reimbursement
unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the
cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 11 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. Under a public auction
is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the
b. the consumer has declared that he will lose his right of withdrawal as soon as the
entrepreneur has fully executed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, as in the
agreement is provided for a specific date or period of execution and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement contains a certain
date or period of implementation thereof is provided;
7. Products manufactured to consumer specifications, which are not prefabricated
and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for health protection or hygiene reasons
are to be returned and of which the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic drinks, the price of which has been agreed upon at the conclusion of the
agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the sealing of which after
delivery is broken;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the
b. the consumer has declared that he loses his right of withdrawal.
Article 12 - The price
1. During the period of validity stated in the offer, the prices of the
products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 13 - Compliance with agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean every obligation of the entrepreneur, his
supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
4. If, after assessment by the Entrepreneur, it appears that the article in question does not comply with the
issued warranty as described in paragraph 1, Entrepreneur will provide a suitable solution within a reasonable term. The Entrepreneur has the choice of either repairing, replacing or reimbursing the item as a solution.
5. In the event of replacement of an item, the Consumer is obliged to supply the item to be replaced
to return to the Entrepreneur and to transfer the ownership thereof to the Entrepreneur.
6. The warranty does not apply if a defect is caused by injudicious or improper use, or if the Consumer or third parties have made changes to the item (or have attempted to do so), or if the item has been used for purposes for which it was not intended. is intended.
7. Without prejudice to the previous warranty provisions, the Entrepreneur is not liable if the
lack is due to intent, gross negligence, culpable act, injudicious use or improper use of the Consumer.
Article 14 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving
and in the fulfillment of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur
3. With due observance of what is stated about this in Article 4 of these general terms and conditions
stated, the entrepreneur will accept accepted orders expeditiously but no later than
within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer
has to repay without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the
time of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 15 - Duration transactions: duration, cancellation and extension
1. The consumer may enter into an agreement that has been entered into for an indefinite period and which extends to
the regular delivery of products (including electricity) or services, cancel at all times with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to the
regular delivery of products (including electricity) or services, terminate at all times towards the end of the fixed term with due observance of the agreed cancellation rules and a maximum notice period of one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
a. cancel at any time and are not limited to cancellation at a specific time
or in a specified period;
b. at least cancel in the same way as they entered into by him;
c. always cancel with the same notice period as the entrepreneur has for himself
4. An agreement that has been entered into for a definite period and which extends to the settled
delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and
which extends to the regular delivery of daily news and weekly newspapers and magazines, can be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement towards the end of the extension with a maximum notice period of one month.
6. An agreement that has been entered into for a definite period and which extends to the settled
delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may after one year
terminate the agreement at all times with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 16 – Payment
1. Unless otherwise stated in the agreement or additional terms and conditions, the
Amounts owed by the consumer must be paid within 1 day after the start of the cooling-off period, or in the absence of a cooling-off period within 1 day after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may in general
conditions are never obliged to pay in advance of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to correct inaccuracies in payment details provided or stated
immediately to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, this will be
the entrepreneur has pointed out the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory amount is still owed. owes interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 17 - Complaints
1. The entrepreneur has a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the
consumer has found the defects, must be submitted fully and clearly described to the entrepreneur.
3. Complaints submitted to the entrepreneur will be charged within a period of 14 days
from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to submit the complaint
to be resolved by mutual agreement. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 18 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 19 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
Title II – Business to business
Article 20 - Parties
1. RCG Carp Gear BV, registered with the Chamber of Commerce in Breda under number NL858620194B01, established in Wouw aan de Bremere 43 (4724 HD), user of these general terms and conditions.
2. Further information from RCG Carp Gear BV: Website: www.rcgcarpgear.com / Mail:
email@example.com / Tel: +31 6 800 70 268 / VAT: NL858620194B01
3. Customer: the (legal) person who acts in the course of his business or profession; the (potential) customer of goods or services offered by RCG Carp Gear BV
Article 21 - Applicability
1. The general terms and conditions apply to every offer, quotation and
agreement between the User and the Customer to which the User has declared these terms and conditions applicable.
2. General terms and conditions of contracting parties and/or third parties only apply if expressly accepted by the User and confirmed in writing.
3. The Customer can only invoke deviating and/or additional stipulations
are made if and insofar as they have been expressly accepted in writing by the User.
4. The Customer with whom a contract has once been concluded under the present terms and conditions,
agrees to the applicability of these terms and conditions to subsequent agreements between it and the User.
5. By placing an order on www.rcgcarpgear.com, the Customer agrees to
agree with these terms and conditions.
6. The general terms and conditions have been drawn up in accordance with the general rules for
(purchase) agreements from book 6 and 7 of the Dutch Civil Code.
Article 22 - Offer and agreement
1. All quotations are without obligation unless a term for acceptance is stated in the quotation. A quotation or offer lapses if the product to which the quotation or offer relates is no longer available in the meantime.
2. The User cannot be held to its prices, quotations or offers
if the Customer can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
3. The prices stated in a quotation or offer are exclusive of VAT and exclusive of
shipping costs, unless otherwise stated.
4. In the case of a composite quotation, there is no obligation to deliver a
part of the order at a corresponding part of the price quoted for the whole. Offers or quotations do not automatically apply to future orders.
5. The agreement between the parties is concluded:
a. When ordering via the webshop: at the moment that the Customer has correctly completed the ordering procedure on the website www.rcgcarpgear.com and after the confirmation email sent by the User of the agreement has arrived in the mailbox of the email address provided by the Customer.
b. For orders other than through the web shop: the moment both parties have signed a written offer, after RCG Carp Gear BV has confirmed or accepted a written acceptance or offer, or after RCG Carp Gear BV, or a third party on its behalf , has started implementation.
6. Any agreement with the User is entered into under the suspensive
condition that the Customer appears to be sufficiently creditworthy on the basis of information to be obtained by the User.
7. The User reserves the right, without stating reasons,
to refuse orders/orders. In such a case, the User will not be liable for damages to the Customer.
Article 23 - Products
1. Information regarding the composition, quality and properties of the products supplied by the
Products supplied by the User are made to the best of the User's knowledge, but do not entail any guarantees.
2. The User has the right at all times to determine that in its opinion
eligible the products will only be delivered in certain minimum quantities.
Article 24 - Delivery
1. Delivery takes place at the specified delivery address, unless another form of
delivery has been agreed.
2. Delivery condition is ex works. On a deviating delivery condition, the
The Customer can only be invoked if and insofar as this has been expressly accepted in writing by the User.
3. Unless expressly agreed otherwise, delivery terms can never be regarded as strict deadlines. Even with an agreed deadline, the User is only in default after the Customer has given it notice of default and has set a reasonable period of at least 30 days to still deliver.
Article 25 - Force majeure
1. If, due to force majeure on the part of the User, the execution of the
If the agreement is delayed by more than four weeks, both the User and the Customer are entitled to dissolve the agreement.
2. If force majeure occurs while the agreement has already been partially implemented, the User is entitled to demand payment for the part of the agreement that has already been performed.
3. Force majeure in these conditions means any of the will of the User
independent circumstance that permanently or temporarily prevents the fulfillment of the agreement, and insofar as this does not already include war, danger of war, riot, strike, government measures, fire, lack of raw materials, defects in machines, transport difficulties and late delivery by suppliers of the User.
4. If the User proceeds to dissolve the . on the basis of force majeure
under the agreement, it is not obliged to compensate the Customer for damage.
Article 26 - Warranty and complaints
1. The items delivered by the User meet the usual quality requirements and
standards that, under normal use, can reasonably be set at the time of delivery.
2. The buyer is obliged to check the goods immediately after delivery for
conformity with regard to quantity and quality. If the delivered item does not comply with the conformity that has been agreed on the basis of the agreement, and therefore there is a defect, the Customer must inform the User about this within 48 hours of receipt of the delivered item.
3. The existence of a defect never entitles the Customer to terminate the agreement
rescind or withhold payment in whole or in part. Under no circumstances can the Customer claim compensation.
4. If a defect is reported later, the Customer will not be entitled to
more towards repair, replacement or compensation.
5. If, after assessment by the User, it appears that the article in question does not comply with the
issued warranty as described in paragraph 1, User will provide a suitable solution within a reasonable period of time. As a solution, the User has the choice of either repairing, replacing or reimbursing the item. In the event of replacement of an item, the Customer is obliged to return the item to be replaced to the User and transfer the ownership thereof to the User.
6. The warranty does not apply if a defect is caused by injudicious or improper
use, or when the Customer or third parties have made changes to the item (or have attempted to do so), or when the item has been used for purposes for which it is not intended.
7. If an article delivered by the User does not correspond to the closed
agreement and this is regarded as a defect within the meaning of the product liability scheme, the User is not liable for any consequential damage resulting therefrom.
8. Without prejudice to the foregoing warranty provisions, the User is not liable if
the defect is due to intent, gross negligence, injudicious use or improper use of the Customer.
Article 27 - Liability
1. The User is not liable for damage, of whatever nature, caused by the fact that the User relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
2. The liability of the User is in any case limited to the amount of the
invoice amount of the delivered goods, at least up to that part of the order to which the liability claim relates.
3. User is never liable for indirect damage, including
consequential damages, lost profits, lost savings and damages due to business interruption.
4. The limitations of liability included in this article do not apply if the
damage is due to intent or gross negligence by the User.
Article 28 - Suspension / termination
1. Without prejudice to the end of the Act referred to, the User has if the Customer
imputably fails to fulfill its obligations, the right, without notice of default and judicial intervention, either to suspend the execution of the agreement for a maximum of three months, or to dissolve it in whole or in part, without the User being obliged to pay any compensation and without prejudice to the further rights accruing to the User.
2. The User's right to suspension or full or partial dissolution
also applies if there are serious doubts as to whether the Customer is able to fulfill its contractual obligations towards the User, as well as in the event of bankruptcy, suspension of payments, liquidation, transfer of the Customer's business and furthermore in the event that the Customer's goods are seized. taken, or the Customer is placed under guardianship or otherwise loses the authority to dispose of its assets or parts thereof.
3. The customer is only authorized to suspend its obligation arising from the agreement. The possibility of dissolution of the agreement between the User and the Customer on the basis of Article 6:265 of the Dutch Civil Code is excluded.
Article 29 - Force majeure
1. The User is not obliged to fulfill any obligation towards the Customer
if it is prevented from doing so as a result of a circumstance that is not due to fault, nor is it for its account under the law, a legal act or generally accepted standards.
2. Force majeure is understood in these general terms and conditions, in addition to what
the law and jurisprudence in this regard includes all external causes, foreseen or unforeseen, which are beyond the User's control. However, under this, the User is unable to fulfill his obligations. Strikes in the company of the User or third parties included. User also has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement arise after User should have fulfilled his obligation.
Article 30 - Payment
1. Payment must be made within 14 days of the invoice date without deduction or
settlement. In the event of late payment, the Customer is in default without prior notice of default being required by the User.
2. The first order of a new Customer takes place via prepayment.
3. The User is at all times and irrespective of the agreed payment conditions
is entitled to oblige the customer to provide security for the payment of the amounts to be paid to the User under this agreement.
4. In the event of late payment, the Customer is obliged to pay full compensation for both extrajudicial and judicial collection costs. The extrajudicial collection costs amount to 15% of the principal with interest, with a minimum of €40.
5. Payments made by the customer are first settled against any
interest and costs owed and then with due and payable invoices that have been outstanding the longest.
Article 31 - intellectual property
1. The User reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations.
Article 32 - Applicable law
1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is established there. The applicability of the Vienna Sales Convention is excluded.
2. In the event that a dispute arises from the agreement between the parties, the exclusive and absolute competent court will be the court in the district in which the municipality of Roosendaal is subject, subject to mandatory law.
3. Parties will only appeal to the court after they have done their utmost
make every effort to settle a dispute in mutual consultation.
Annex I: Model withdrawal form
Model form for cancellation
(only complete and return this form if you wish to withdraw from the contract)
To: RCG Carp Gear BV Bremere 43, 4724 HD Wouw / firstname.lastname@example.org
I/We* hereby give notice that I/we* have concluded our agreement for the sale of the following products: [product designation]* the supply of the following digital content: [digital content designation]* the performance of the next service: [service designation]*, revoke/revoke*
Ordered on*/received on* [date order for services or receipt for products][Name consumer(s)][Address consumer(s)][Signature consumer(s)] (only when this form is submitted on paper)
* Delete what does not apply or enter what applies.