In these terms and conditions, the following definitions shall apply:
Supplementary agreement: an agreement whereby the Buyer acquires products in connection with a remote agreement and these items, are supplied by Laadzuil.com or by a third party on the basis of an arrangement between that third party and Laadzuil.com;
Withdrawal period: the period within which the Buyer can exercise his right of withdrawal;
Laadzuil.com: Registered trade name of the sole proprietorship Duiner based in Kraggenburg, the Netherlands, the provider of the Platform;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term contract: a remote agreement which entails the regular supply of goods, services and/or digital content for a defined period of time;
Durable data carrier: any device – including e-mail – which enables the Buyer and/or Laadzuil.com to store information addressed to him personally in a manner which allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the Buyer’s option to withdraw from the remote agreement within the cooling-off period;
Buyer: the natural or legal person who engages a remote agreement with Laadzuil.com.
Laadzuil.com: the legal entity offering products, at a distance, to Buyers via the Platform;
Remote agreement: an agreement concluded between Laadzuil.com and the Buyer in the context of an organised system for the remote sale of products, whereby, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for remote communication;
Model withdrawal form: the European withdrawal form set out in Annex I to these terms and conditions;
Platform: the platform of Laadzuil.com on which Laadzuil.com offers its products to Buyers;
Technology for distance communication: means that can be used for concluding an agreement, without the Buyer and Laadzuil.com having to be together in the same room at the same time.
Section 2 – Identity of Laadzuil.com
Name: Duiner, trading under the (registered) trade name Laadzuil.com;
Address: Leemringweg 18, 8317RE Kraggenburg, the Netherlands;
Phone number: +3185-1047325
Opening hours: Monday to Friday 09:00-18:00, Saturday & Sunday 10:00-18:00
Email address: info@laadzuil.com
Bank account: NL85 RABO 0333 5994 70
CoC number: 72775831
VAT ID number: NL001960410B04
Section 3 General
These terms and conditions apply to all products, offers, quotations and agreements between Duiner, hereinafter referred to as Laadzuil.com, and a buyer, hereinafter referred to as the Buyer, to which Laadzuil.com has declared these terms and conditions applicable, insofar as these terms and conditions have not been explicitly deviated from by the parties in writing.
These conditions also apply to the actions of third parties engaged by Laadzuil.com within the framework of a purchase/order.
The applicability of any purchase or other conditions of the Buyer is expressly rejected.
If one or more provisions of these general terms and conditions should at any time be wholly or partly void or nullified, the remaining provisions of these general terms and conditions shall remain fully applicable. In such event, Laadzuil.com and the Buyer shall consult for the purpose of agreeing new provisions to replace the void or nullified provisions, whereby the purpose and purport of the original provisions shall be observed as far as possible.
If any ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation should take place ‘in the spirit’ of these provisions.
If a situation arises between the parties which is not provided for in these general conditions, such situation must be assessed in the spirit of these general conditions.
If Laadzuil.com does not always demand strict observance of these conditions, this does not mean that the provisions thereof are not applicable or that Laadzuil.com would lose the right to demand strict observance of these conditions in other cases.
Section 4 Quotations, offers
All quotations and offers of Laadzuil.com are without obligation, unless a period for acceptance is stipulated in the offer. If no acceptance period is stipulated, the offer will always expire after 30 days. If an offer has a more limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Laadzuil.com cannot be held to its quotations or offers if the Buyer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
The prices mentioned in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise indicated.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, Laadzuil.com shall not be bound thereby. The agreement will then not be concluded in accordance with this deviating acceptance, unless Laadzuil.com indicates otherwise.
A compound quotation shall not oblige Laadzuil.com to execute part of the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Buyer. If Laadzuil.com uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in an offer are not binding.
Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to acceptance of the offer.
Section 5 Contract duration, execution deadlines, transfer of risk, execution and modification of the agreement, price increase
Laadzuil.com will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address made known to Laadzuil.com by the Buyer via the Platform.
Subject to what has been stated earlier in these general terms and conditions, Laadzuil.com will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed.
If delivery is delayed, or if an order cannot or can only be partially carried out, the Buyer will be informed of this no later than 30 days after the order was placed. In that case, the Buyer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, Laadzuil.com will ensure that the amount is refunded.
The risk of damage and/or loss of products shall be borne by Laadzuil.com until the moment of delivery to the Buyer or a representative designated in advance and made known to Laadzuil.com, unless expressly agreed otherwise.
The agreement is concluded at the moment the Buyer accepts the offer and fulfils the accompanying conditions, on the understanding that Laadzuil.com may – within legal frameworks – investigate whether the Buyer is able to fulfil his payment obligations as well as all those facts and factors which are important for a responsible conclusion of the remote agreement. If Laadzuil.com has good grounds on the basis of this examination not to enter into the agreement, it shall be entitled to refuse an order or request or to attach special conditions to the execution, giving its reasons.
If the Buyer has accepted the offer electronically, the confirmation of the acceptance of the offer will be made electronically aswell. Until confirmation of this acceptance, the Buyer may dissolve the agreement.
If the agreement is concluded electronically, Laadzuil.com shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Buyer can pay electronically, Laadzuil.com will observe appropriate security measures.
Laadzuil.com will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of current scientific knowledge. Laadzuil.com warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the Dutch statutory provisions and/or government regulations existing on the date of conclusion of the agreement.
Laadzuil.com is entitled to have certain work performed by third parties. The applicability of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
If work is performed by Laadzuil.com or third parties engaged by Laadzuil.com within the framework of the order at the Buyer’s location or a location designated by the Buyer, the Buyer shall provide free of charge the facilities reasonably required by such employees.
Laadzuil.com is entitled to execute the agreement in several phases and to invoice the part thus executed separately.
If the agreement is executed in phases, Laadzuil.com may suspend the execution of those parts belonging to a subsequent phase until the Buyer has approved in writing the results of the preceding phase.
The Buyer shall ensure that all data which Laadzuil.com indicates to be necessary or which the Buyer should reasonably understand to be necessary for the execution of the agreement are provided to Laadzuil.com in good time. If the data necessary for the execution of the agreement are not supplied to Laadzuil.com in good time, Laadzuil.com shall be entitled to suspend the execution of the agreement and/or to charge the Buyer for the extra costs resulting from the delay in accordance with the then customary rates.
The execution period will not commence until after the Buyer has provided Laadzuil.com with the data. Laadzuil.com shall not be liable for damage of any nature whatsoever resulting from the fact that Laadzuil.com has relied on incorrect and/or incomplete data provided by the Buyer.
If, during the execution of the agreement, it appears that for a proper execution of the agreement it is necessary to modify or supplement it, the parties will timely and in mutual consultation adapt the agreement.
If the nature, scope or content of the agreement is changed, whether or not at the request or indication of the Buyer, of the competent authorities et cetera, and the agreement is thereby changed in qualitative and/or quantitative respect, this may have consequences for what was originally agreed upon. As a result, the amount originally agreed upon may also be increased or decreased. Laadzuil.com will provide as much advance notice as possible.
An amendment to the agreement may furthermore change the originally specified term of execution. The Buyer accepts the possibility of amending the agreement, including the change in price and term of execution.
If the agreement is amended, including a supplement, Laadzuil.com shall be entitled to execute the agreement only after the competent person within Laadzuil.com has given his or her approval and the Buyer has agreed to the price and other conditions specified for the execution, including the time of execution.
Failure to perform or not immediately perform the amended agreement does not constitute a default by Laadzuil.com and is no ground for the Buyer to terminate or cancel the agreement.
Without being in default, Laadzuil.com may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or goods to be supplied within this framework.
If the Buyer fails in the proper performance of his obligations towards Laadzuil.com, the Buyer shall be liable for all damage on the part of Laadzuil.com caused thereby directly or indirectly.
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
If Laadzuil.com agrees a fixed price with the Buyer, Laadzuil.com shall nevertheless be entitled at all times to increase this price without the Buyer being entitled to dissolve the agreement for that reason, if the price increase results from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages et cetera or on other grounds which could not reasonably have been foreseen at the time the agreement was concluded.
If the price increase other than as a result of a change in the agreement exceeds 10% and takes place within three months of the conclusion of the agreement, only the Buyer entitled to invoke Title 5, Part 3, Book 6 of the Dutch Civil Code shall be entitled to dissolve the agreement by means of a written statement, unless Laadzuil. com is then still willing to execute the agreement on the basis of the originally agreed amount; if the price increase is the result of a power or obligation under the law incumbent on Laadzuil.com; if it has been stipulated that delivery will take place more than three months after conclusion of the agreement; or, in the case of the delivery of goods, if it has been stipulated that delivery will take place more than three months after the purchase.
Laadzuil.com shall, no later than on delivery of the product or digital content, send the following information to the Buyer, in writing or in such a way that it can be stored by the Buyer in an accessible manner on a durable data carrier: a. the conditions on which and the manner in which the Buyer may exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; b. the information regarding guarantees and existing after-sales services; c. the price including all taxes of the product; if applicable, the costs of delivery; and the method of payment, delivery or performance of the remote agreement; d. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration; e. if the Buyer has a right of withdrawal, the Buyer must use the model form for withdrawal in order to be entitled to this withdrawal.
Section 6 Suspension, dissolution and early termination of the agreement
The Buyer may dissolve an agreement relating to the purchase of a product made directly via the website for a period of 14 days without giving reasons. Laadzuil.com may ask the Buyer about the reason for revocation, but may not oblige the Buyer to state his reason(s). This 14-day revocation period applies only to purchases made directly via the website and commences on the day after the Buyer, or a third party designated in advance by the Buyer, who is not the carrier, has received the product, or: a. if the Buyer has ordered several products from Laadzuil.com in one and the same order: the day on which the Buyer, or a third party designated by him, has received the last product from Laadzuil.com. Laadzuil.com may, provided the Buyer has been clearly informed of 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 consignments or parts originating from Laadzuil.com: the day on which the Buyer, or a third party designated by him, has received the last consignment or part from Laadzuil.com; c. in the case of agreements for the regular delivery of products during a certain period: the day on which the Buyer, or a third party designated by him, has received the first product from Laadzuil.com.
If the Buyer cancels all or part of an order that has been placed and this has not been done directly via the website, or the 14-day reflection period has expired, the work that has been carried out and the items ordered or prepared for it, plus any supply and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Buyer.
Laadzuil.com shall be entitled to suspend the fulfilment of its obligations or to dissolve the agreement if the Buyer fails to fulfil its obligations under the agreement or to do so in full or in good time, if after the conclusion of the agreement Laadzuil. com becomes aware of circumstances which give good reason to fear that the Buyer will not fulfil its obligations, if the Buyer, upon entering into the agreement, is requested to provide security for the fulfilment of its obligations under the agreement and such security is not provided or is insufficient, or if, as a result of a delay on the part of the Buyer, the Supplier can no longer be expected to fulfil the agreement on the originally agreed conditions. Laadzuil.com shall furthermore be entitled to dissolve the agreement if circumstances arise which are of such a nature that fulfilment of the agreement becomes impossible or if other circumstances arise which are of such a nature that Laadzuil.com cannot reasonably be expected to maintain the agreement unamended.
If the agreement is dissolved, the receivables of Laadzuil.com from the Buyer shall be immediately due and payable. If Laadzuil.com suspends fulfilment of its obligations, it shall retain its claims under Dutch law and the agreement.
If Laadzuil.com proceeds to suspend or dissolve the agreement, it shall in no way be liable to pay compensation for damage and costs caused in any way whatsoever.
If the dissolution is attributable to the Buyer, Laadzuil.com shall be entitled to compensation for damage, including costs, incurred directly and indirectly as a result.
If the Buyer fails to comply with his obligations under the agreement and such non-compliance justifies dissolution, Laadzuil.com shall be entitled to dissolve the agreement forthwith and with immediate effect, without any obligation on his part to pay any damages or indemnification, whereas the Buyer shall be liable for damages or indemnification on account of default.
If the agreement is terminated prematurely by Laadzuil.com, Laadzuil.com shall in consultation with the Buyer arrange for the transfer of work still to be performed to third parties. This applies unless the termination is imputable to the Buyer. If the transfer of the work involves extra costs for Laadzuil.com, these will be charged to the Buyer. The Buyer shall be obliged to pay these costs within the period stated for this purpose, unless Laadzuil.com indicates otherwise.
In the event of liquidation, (an application for) a suspension of payments or bankruptcy, attachment – if and in so far as the attachment has not been lifted within three months – at the expense of the Buyer, debt rescheduling or any other circumstance as a result of which the Buyer can no longer dispose freely of his or her assets, Laadzuil.com shall be free to dissolve the agreement forthwith and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any damages or indemnification. Claims of Laadzuil.com against the Buyer shall in such case become immediately due and payable.
Section 7 – Obligations of the Buyer during the cooling-off period
During the reflection period, the Buyer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the Buyer may only handle and inspect the product as he would be allowed to do in a shop.
The Buyer shall only be liable for depreciation of the product resulting from handling and inspection of the product that goes beyond handling and inspection as he would be entitled to do in a shop.
The Buyer shall not be liable for depreciation of the product if Laadzuil.com did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the agreement.
Section 8 – Exercise of the right of withdrawal by the Buyer and costs
If the Buyer makes use of his right of withdrawal, he shall notify Laadzuil.com within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Buyer shall return the product, or hand it over to (an authorised representative of) Laadzuil.com. This is not necessary if Laadzuil.com has offered to collect the product itself. The Buyer has in any case complied with the return period if he returns the product before the reflection period has expired.
The Buyer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Laadzuil.com.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
If the Buyer exercises its right of withdrawal, all additional agreements shall be dissolved by operation of law.
Section 9 – Obligations of Laadzuil.com upon revocation
If Laadzuil.com enables the Buyer’s notification of revocation electronically, an acknowledgement of receipt will be sent immediately after receipt of this notification.
Laadzuil.com shall refund all payments made by the Buyer, including any delivery costs charged for the returned product, without delay but within 14 days following the day on which the Buyer notifies Laadzuil.com of the revocation.
Unless Laadzuil.com offers to collect the product itself, Laadzuil.com may wait with refunding until the product is received or until the Buyer proves that he has returned the product, whichever is earlier.
For refunds, Laadzuil.com will use the same means of payment that the Buyer has used, unless the Buyer agrees to another method. The refund is free of charge for the Buyer.
If the Buyer has chosen a more expensive method of delivery than the cheapest standard delivery, Laadzuil.com does not have to refund the additional costs for the more expensive method.
Section 10 – Payment and collection charges
Orders placed via the website must be paid in advance, other payments must be made within 14 days of the invoice date, in a manner to be specified by Laadzuil.com and in the currency invoiced, unless otherwise specified in writing by Laadzuil.com.
Laadzuil.com is entitled to invoice periodically.
If the Buyer defaults in the timely payment of an invoice, the Buyer is legally in default. The Buyer shall then owe statutory interest. The interest on the amount due will be calculated from the time the Buyer is in default until the time of payment of the full amount due.
Where advance payment has been stipulated, the Buyer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
Laadzuil.com shall be entitled to apply payments made by the Buyer first against costs, then against interest due and finally against principal and accrued interest. Laadzuil.com may, without thereby being in default, refuse an offer of payment if the Buyer designates a different sequence for the allocation of payment. Laadzuil.com may refuse full repayment of the principal sum, if such repayment does not include the accrued interest and collection costs.
The Buyer shall at no time be entitled to set off any amounts due to Laadzuil.com. Objections to the amount of an invoice do not suspend the payment obligation.
The Buyer who is not entitled to invoke Section 6.5.3 (Articles 231 to 247 Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
If the Buyer is in default or omission in the (timely) performance of its obligations, all reasonable costs for obtaining extrajudicial satisfaction shall be borne by the Buyer. The extrajudicial costs will be calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Laadzuil.com has incurred higher costs for collection which were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Buyer. The Buyer shall also owe interest on the collection costs due.
Section 11 – Retention of title
All items supplied by Laadzuil.com under the Laadzuil.com agreement shall remain the property of Laadzuil.com until the Buyer has duly fulfilled all obligations under the agreement(s) concluded with Laadzuil.com.
Anything delivered by Laadzuil.com which is subject to retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Buyer is not authorised to pledge or encumber in any other way anything subject to retention of title.
The Buyer must always do everything that can reasonably be expected of him to secure the property rights of Laadzuil.com.
If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer shall be obliged to inform Laadzuil.com thereof immediately.
The Buyer further undertakes to insure and keep insured against fire, explosion and water damage and against theft all goods subject to retention of title and to make the insurance policy available for inspection by Laadzuil.com on first demand. In the event of any insurance payment, Laadzuil.com shall be entitled to such monies.
To the extent necessary, the Buyer undertakes vis-à-vis Laadzuil.com in advance to cooperate with all that may (or may appear to) be necessary or desirable in this context.
In the event that Laadzuil.com wishes to exercise its property rights as indicated in this article, the Buyer grants in advance unconditional and irrevocable permission to Laadzuil.com and third parties to be appointed by Laadzuil.com to enter all those places where Laadzuil.com property is located and to repossess the same.
Section 12 – Guarantees, investigations and complaints, limitation period
The goods to be supplied by Laadzuil.com meet the usual requirements and standards which can reasonably be set for them at the time of delivery and for which they are intended in normal use.
The warranty mentioned in this article applies to items intended for use within the EU.
In the event of use outside the EU, the Buyer must himself verify whether the use thereof is suitable for use there and satisfies the conditions imposed thereon. Laadzuil.com may in such cases stipulate other guarantee and other conditions with respect to the goods to be supplied or work to be performed.
The guarantee referred to in paragraph 2 of this article applies for a period of 1 year after delivery, unless otherwise follows from the nature of the delivered goods or the parties have agreed otherwise.
If the guarantee provided by Laadzuil.com concerns a good produced by a third party, the guarantee is limited to that provided by the producer of the good, unless otherwise stated.
Any form of guarantee will lapse if a defect has arisen as a result of or arising from injudicious or improper use thereof or use after the best-before date, improper storage or maintenance thereof by the Buyer and/or third parties when, without written permission from Laadzuil.com, the Buyer or third parties have made changes or attempted to make changes to the good, have attached to it other goods which should not be attached to it or if these have been processed or treated in a manner other than prescribed.
Nor shall the Buyer be entitled to any warranty claims if the defect is caused by or the result of circumstances beyond the control of Laadzuil.com, including weather conditions (such as but not limited to extreme- rainfall, drought or temperatures) et cetera.
The Buyer shall be obliged to examine the delivered goods, or have them examined, immediately at the time the goods are made available to him or the relevant work has been carried out respectively. In doing so, the Buyer shall examine whether the quality and/or quantity of the goods delivered corresponds to what has been agreed and meets the requirements agreed between the parties in this respect.
Any visible defects must be reported in writing to Laadzuil.com within 20 days of delivery. Any non-visible defects must be reported to Laadzuil.com in writing immediately, but in any event no later than 14 days after their discovery. The report must contain as detailed a description as possible of the defect, to enable Laadzuil.com to respond adequately. The Buyer must give Laadzuil.com the opportunity to investigate a complaint (or have one investigated).
If the Buyer complains in good time, this shall not suspend his obligation to pay. The Buyer shall in such case also remain obliged to accept and pay for the other goods ordered and that which he has instructed Laadzuil.com to supply.
If a defect is reported later, the Buyer is no longer entitled to repair, replacement or compensation.
If it has been established that a good is defective and a claim in this respect has been filed within a reasonable period of time, Laadzuil.com shall, at the discretion of Laadzuil.com, replace the defective good within a reasonable period of time after receiving it back or, if returning the good is not reasonably possible, inform the Buyer in writing of the defect, or see to its repair or pay the Buyer a replacement fee. In the event of replacement, the Buyer shall be obliged to return the replaced good to Laadzuil.com and transfer ownership thereof to Laadzuil.com, unless Laadzuil.com indicates otherwise.
If it is established that a complaint is unfounded, the costs thereby incurred, including investigation costs, on the part of Laadzuil.com shall be borne in full by the Buyer.
After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Buyer.
An additional guarantee provided by Laadzuil.com, its supplier, manufacturer or importer shall never limit the statutory rights and claims which the Buyer may assert against Laadzuil.com on the basis of the agreement if Laadzuil.com has failed to fulfil its part of the agreement.
Additional warranty means any undertaking by Laadzuil.com, its supplier, importer or manufacturer in which it grants the Buyer certain rights or claims which go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
Notwithstanding the statutory limitation periods, the limitation period of all claims and defences against the Contractor and the third parties involved by the Contractor in the performance of an agreement is 1 year.
Section 13 – Liability
Should Laadzuil.com be liable, such liability shall be limited to what is regulated in this provision.
Laadzuil.com shall not be liable for damage of any nature whatsoever resulting from the fact that Laadzuil.com has relied on incorrect and/or incomplete data provided by or on behalf of the Buyer.
Should Laadzuil.com be liable for any loss or damage, its liability shall be limited to a maximum of once the invoice value of the order, or at least that part of the order to which the liability relates.
The liability of Laadzuil.com shall in all cases be limited to the amount paid by its insurer in the relevant case.
Laadzuil.com shall only be liable for direct damage. Direct damage shall be understood to mean exclusively the reasonable costs incurred to assess the cause and extent of the damage, insofar as such assessment relates to damage within the meaning of these General Terms and Conditions, any reasonable costs incurred to have Laadzuil.com’s faulty performance conform to the agreement, insofar as such costs can be attributed to Laadzuil.com, and reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that such costs have led to a limitation of direct damage as referred to in these General Terms and Conditions.
Laadzuil.com shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of Laadzuil.com.
Section 14 – Force majeure
Laadzuil.com is not obliged to fulfil any obligation towards the Buyer if he is hindered to do so as a result of a circumstance which is not attributable to fault, and which is not for his account by virtue of the law, a legal act or generally accepted practice.
In addition to the definitions of force majeure in law and jurisprudence, force majeure in these general terms and conditions shall include all external causes, whether foreseen or unforeseen, over which Laadzuil.com cannot exercise any control, but which prevent Laadzuil.com from fulfilling its obligations. This includes strikes in the company of Laadzuil.com or third parties.
Laadzuil.com shall also be entitled to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after Laadzuil.com should have fulfilled its commitment.
Laadzuil.com may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than 3 months, each of the parties is entitled to dissolve the agreement without any obligation to compensate the other party for damages.
Vinsofar as Laadzuil.com at the time of the occurrence of force majeure has partially fulfilled its obligations under the agreement or will be able to fulfil them, and insofar as independent value can be attributed to the part fulfilled or to the part to be fulfilled respectively, Laadzuil.com shall be entitled to invoice such part fulfilled or to be fulfilled respectively, separately. The Buyer shall be obliged to pay such invoice as if it were a separate agreement.
Section 15 – Indemnification
The Buyer shall indemnify Laadzuil.com against any claims by third parties who incur losses in connection with the execution of the agreement and whose cause is attributable to parties other than Laadzuil.com. Should Laadzuil.com be sued by a third party on this account, the Buyer shall be obliged to assist Laadzuil.com both in and out of court and to immediately do all such acts as may be expected of him in such cases.
Should the Buyer fail to take adequate measures, Laadzuil.com shall be entitled, without notice of default, to take such measures itself. All costs and losses incurred on the part of Laadzuil.com and third parties as a result shall be for the account and risk of the Buyer.
Section 16 – Intellectual property
Laadzuil.com reserves its rights and powers under the Copyright Act and other intellectual laws and regulations.
Laadzuil.com is entitled to use the knowledge gained by its side during the execution of an agreement for other purposes as well, to the extent that no strictly confidential information of the Buyer is brought to the notice of third parties.
Section 17 – Complaints procedure
Laadzuil.com has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to Laadzuil.com fully and clearly described within a reasonable time after the Buyer has discovered the defects.
Complaints submitted to Laadzuil.com will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Laadzuil.com will respond within the 14-day period with a notice of receipt and an indication of when the Buyer can expect a more detailed reply.
Section 18 – Applicable law and disputes
All legal relationships to which Laadzuil.com is a party shall be governed exclusively by Dutch law, even if all or part of an obligation is performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The courts in the place of establishment of Laadzuil.com shall have exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise. Laadzuil.com shall nevertheless be entitled to submit the dispute to the competent court according to the law.
The parties will only resort to court after making every effort to settle a dispute by mutual agreement.
Section 19 – Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the Buyer and must be recorded in writing or in such a way that they can be stored by the Buyer in an accessible manner on a durable data carrier.
Section 20 – Location and amendment of general terms and conditions
These terms and conditions have been filed with the Dutch Chamber of Commerce. The most recently filed version or the version valid at the time when the legal relationship with Laadzuil.com was established shall always apply.
The Dutch text of the general terms and conditions is always decisive for their interpretation.
Annex
revocation form
(complete and return this form only if you wish to revoke the contract)
To:
Laadzuil.com
Leemringweg 18
8317RE Kraggenburg
Netherlands
E-mail: info@laadzuil.com
I/We* hereby inform you that I/We* wish to terminate our agreement concerning
(NL Check for delivery time and shipping costs on the shipping page)
(For business delivery, get in touch using the contact form)
This concrete-look pedestal appears solid, yet is hollow inside. This leaves room to work all cables and pipes out of sight. This robust pedestal has a weight of no less than 37 Kg, is made of recycled plastic and, besides being robust and indestructible, is therefore also very durable! Its 24 cm width makes the pedestal suitable for most available electric vehicle charging stations.
(electrical equipment shown in the pictures is not included)
*
revoked.
Received on date:
Name:
Address:
Signature:
(only if this form is submitted on paper)
* Delete what does not apply or fill in what is applicable.
