Terms & Conditions
Terms of Use for ABDLfactory, established in Schaijk, Netherlands
Version valid from
23-5-2018
1. General
1.1 These general conditions apply to all offers of
ABDLfactory. The conditions are
accessible to everyone and included on the website ABDLfactory. On request we
send you a written copy.
1.2 By placing an order you acknowledge that you agree with the delivery
and payment agreement.
ABDLfactory reserves the right for its delivery and / or conditions after the expiry
of the term change.
1.3 Unless otherwise agreed in writing, the general or specific terms or
conditions of any third party ABDLfactory are not recognized.
1.4 ABDLfactory guarantees that the
delivered product meets the contract and meets the indicated specifications.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules
of distance selling, ABDLfactory will execute orders within 30 days.
If this is not possible (because the
ordered is out of stock or no longer available),
or to other reasons for delay, or an order can not or only
partly be implemented, consumer will
receive an email within 1 month after placing the order and in that case
he has the right order without costs and notice to cancel.
2.3 The supply obligation of ABDLfactory
will, subject to proof, are satisfied by
ABDLfactory if delivery is offered to the customer once. For home
delivery extends the report
of the carrier, alleging refusal of acceptance, the full proof of the offer to
deliver.
2.4 All on the website mentioned delivery times are indicative. The above time limits therefore
are not legally binding.
3. Price
3.1
Prices are within the duration of an offer are not increased, unless required by legal arrangements
or if the
manufacturer changed interim price policies.
3.2 All prices on this site are subject to misprints. For
the consequences of misprints is No liability is accepted.
3.3 Prices on the site are in Euros, Dollars or Pounds and are excluding 0%, 6%, 9%, 19%, 21% VAT.
3.4 Only orders shipping to the following EU Counties need to pay VAT:
Belgium, Bulgaria, Cyprus, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, United Kingdom, Sweden
You can check if you need to pay VAT and hiw much by clicking HERE, select "Estimate Shipping & Taxes" and enter your shipping destination.
4. Term View / right of withdrawal
4.1 If there is a consumer, according to the Law on distance selling (Article 7:5
BW),
the buyer has the right to return (part of) the goods within a period of 14 days.
This period
begins when the ordered goods are delivered. If the customer after expiry of this period has not returned
the goods delivered to ABDLfactory, the purchase is a fact. The customer is obliged, before proceeding to
return accordingly within the period of 14 days after delivery notify in writing at ABDLfactory. The buyer
must prove that the goods delivered timely returned, for example by means of a proof of Shipping. Returning the
goods must be in the
original unopened packaging (including accessories and documentation) and in new
condition. If the goods to the customer are used, mortgaged or otherwise corrupted, the right to
dissolution
within the meaning of this paragraph. With regard to what is stipulated in the preceding sentence, ABDLfactory shall
ensure that within 30 days after reception of the return, the full purchase amount will be refunded. The
return of the goods delivered is entirely at expense and risk of the buyer.
4.2 The right of withdrawal
does not apply to:
· Goods or services whose price depends on fluctuations in the financial market, which
supplier has no influence
· Goods used or made in the consumer's specifications, for example,
custom, or a clear personal nature
- If a shipment is returned because the
customer has specified an incorrect address, the order will not be refunded and will only be resent if the
customer pays shipping fee.
· For goods that can not be returned provided by their nature, for example
due hygiene
ABDLfactory reserves the right to full
compensation.
5. Data management
5.1 If you place an order on ABDLfactory, your
data will be included in the customer file of ABDLfactory. ABDLfactory adheres to the Data Protection Act
and your details will not be sold to third parties. See our Privacy Policy.
5.2 ABDLfactory respects the privacy of the users of the internet site and is responsible for confidentiality of your personal information.
5.3 ABDLfactory is GDPR compliant, GDPR
Tools can be found here.
6. Warranty and conformity
6.1 The operator guarantees
that the products and / or services meet the contract, in the offer
specifications, the reasonable
requirements of reliability and / or utility and the date of the
conclusion of the agreement existing legal
provisions and / or government regulations.
6.2 A by the operator, manufacturer or importer as a
guarantee scheme does not affect the rights and
claims that consumers in respect of a breach of the
obligations of the entrepreneur
against the entrepreneur can enforce under the law and / or the distance
contract.
6.3 The customer is obliged to verify delivered goods immediately upon receipt. If it
transpires that the
delivered goods are wrong, inadequate or incomplete, the customer must contact
ABDLfactory in writing and
point out these defects immediately (before proceeding to return shipping to
ABDLfactory).
Any defects or faulty goods should be reported in writing and returned within 30 days after
delivery
to ABDLfactory. Return of Goods must be in original packaging (including accessories and
documentation)
and in new condition. Usage after detection of failure, damage occurring after the
confirmation
of default, encumbrance and / or sale after detection of failure, makes this
right to claim
and return void.
6.4 If the customer complaints are found to be justified by ABDLfactory, ABDLfactory
will to her
choice delivere replacement free of charge or writte a settlement on compensation measures to
client,
with the proviso that the liability of ABDLfactory and therefore the amount of
still limited to
damages not exceeding the invoice amount of the relevant property, or (at the option of
ABDLfactory) to the
maximum in the case concerned the liability of
ABDLfactory amount covered. Any liability of ABDLfactory for
any other form of damage is
excluded, including additional compensation in any form whatsoever, compensation
for indirect
or consequential damages or damages for lost profits.
6.5 ABDLfactory is not liable for
damage caused intentionally or equivalent conscious
recklessness of non-managerial staff.
6.6 This warranty does not apply if:
A) as long as the purchaser is in failure towards ABDLfactory
B) the
recipient delivered himself
parried and / or processed or by third parties to reparenen / or edit.
C) the delivered
Cases have been
exposed to abnormal conditions or otherwise careless handling or contrary to the
ABDLfactory instructions and
/ or instructions on the packaging;
D) the inadequacy
whole or in part
the result of regulations that the government has made or will make regarding the nature
or the quality of
the applied materials.
7. Offers
7.1 Offers are not binding unless otherwise
stated in the offer.
7.2 Upon acceptance of an offer by the buyer, ABDLfactory reserves the right to
revoke or to deviate the
offer within 3 working days of receipt of such acceptance.
7.3 Verbal
agreements ABDLfactory only after an explicit and confirmed in writing.
7.4 Offers from ABDLfactory do
not automatically apply to repeat orders.
7.5 ABDLfactory can not be held to its offer if the customer
should understand that
the offer or any part thereof, contained an obvious mistake or error.
7.6
Additions, modifications and / or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between a customer and ABDLfactory is established after an
order
feasibility is assessed by ABDLfactory.
8.2 ABDLfactory reserves the right, without giving
reasons not to accept orders or only to accept under
the condition that (additional) payment for shipment
takes place in advance.
9. Images and specifications
9.1 All illustrations,
photographs, drawings, etc.: eg data concerning weight, dimensions, colors, graphics
labels, etc. on the site
of ABDLfactory are only approximate, are indicative and may not
lead to claims or rescission of the contract.
10. Force Majeure
10.1 ABDLfactory is not liable if and when she can not be honored due to force
majeure.
10.2 Force majeure comprehends any strange reason, and any circumstance which is not
reasonably
for its risk should be given priority. Delay or failure by our suppliers, disruptions in the
Internet,
failures in the electricity, failures in e-mail traffic and disturbances or changes in technology
supplied by
third parties, transport problems, strikes, governmental action, delays in supply, omissions of
suppliers
and / or manufacturers of ABDLfactory as well as from individuals, staff illness, defects in or
transportation
funds explicitly as force majeure.
10.3 ABDLfactory reserves in case of force majeure the right to
suspend its obligations and has the
right to terminate the agreement wholly or partially dissolve, or to
demand that the contents of the
agreement is amended so that execution can continue. In no event is
ABDLfactory required to pay claims,
penalty or damages.
10.4 If ABDLfactory in force majeure already
partially fulfilled its obligations, or
can only partially fulfill its obligations it shall be entitled to
send a seperate invoice for the already
delivered part and the customer is obliged to pay this invoice as if
it were a separate contract. This
does not apply if already delivered or deliverable part has no independent
value.
11. Liability
11.1 ABDLfactory is not liable for damage to vehicles or
other objects created by improper use of the products.
Before use, read the instructions on the packaging and
/ or consult our website.
12. Retention
12.1 Ownership of all ABDLfactory to the
customer sold and delivered goods remains with ABDLfactory
until the customer's claims ABDLfactory under the
agreement or earlier or later
similar agreements has not satisfied until the customer undertaken or to be
performed
from these or similar agreements have not yet met and until the customer's claims
ABDLfactory
due to shortcomings in the performance of such contract has not yet met
including claims in respect of
penalties, interest and costs, all as defined in Article 3:92 BW.
12.2 The goods supplied by ABDLfactory
which may fall under the retention of only the
framework of normal business activities and must never be used
as currency.
12.3 The customer is not entitled under the title falling to pledge or in any otherwise
encumber.
12.4 The customer gives unconditional and irrevocable permission to ABDLfactory or a
ABDLfactory appointed third
party, in all cases where ABDLfactory her property to activities, whether to
enter those places where its
property is then located and doing business there along take.
12.5 If
third parties seize goods delivered under retention of title or rights thereto to establish
or enforce, the
customer is obliged ABDLfactory as soon as reasonably may be expected thereof to.
12.6 The customer
undertakes the property to be delivered to insure against fire, explosion and
water damage and theft, and the
policy of this insurance on first request for inspection to ABDLfactory.
13. Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from
an agreement between ABDLfactory and copper, which are not mutually
consultation can be resolved, the
competent court within the district s'Hertogenbosch knowledge,
unless ABDLfactory there prefer the dispute to
the competent court of the domicile of the buyer,
and with the exception of those disputes that fall under
the jurisdiction of a magistrate.