General terms and conditions of NovaCustom B.V.
Terms and Conditions of NovaCustom B.V., established in Sint Isidorushoeve (Haaksbergen, The Netherlands)
Version valid from 21-09-2018
Content of terms and conditions:
1.1 These general terms and conditions apply to every offer of NovaCustom B.V. and on every agreement between NovaCustom B.V. and the consumer. The conditions are accessible to everyone and included on the internet site of NovaCustom B.V.. Upon request, we send you a written copy.
1.2 By placing an order, you indicate that you agree with the delivery and payment conditions. NovaCustom B.V. reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties not provided by NovaCustom B.V. are not recognized.
1.4 NovaCustom B.V. guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling, NovaCustom B.V. delivers at least within 30 days, unless another delivery period has been agreed. If delivery within 30 days or other agreed delivery time is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be delivered, then the consumer will receive within 1 month after placing the order a message and in that case, he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of NovaCustom B.V. will be paid as soon as the delivery goods were once offered to the customer by NovaCustom B.V.. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 21% VAT (NL), Unless explicitly stated otherwise.
4. Right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. After this period, the customer has 14 days to send the goods. The term starts at the moment that the ordered items are delivered. The customer is obliged, to return the goods within the period of 14 working days after receiving a written confirmation of NovaCustom BV. If the customer within the trial period of 14 days after receipt has not reported use the legal return, then the sale is a fact.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he makes use of his right of withdrawal, he shall return the product within 14 days, after confirming in writing the return of the products that must be made within 14 days after the purchase, in accordance with the reasonable and clear information and instructions provided by the entrepreneur.
The customer must prove that the delivered goods have been returned on time, for example by a proof of post delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered or damaged in any way, NovaCustom B.V. view the right to charge depreciation. NovaCustom B.V. will complete the refund within 14 days after successfully received the returned goods. Upon return of the entire purchase, the full purchase price including any calculated shipping and / or payment costs will be refunded to the customer. When returning only a part of the received purchases, only the purchase value of the returned items is refunded. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
service agreements, after full execution of the service, and only when the execution has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence and which can occur within the withdrawal period
sealed audio / video or software carriers whose seal has been broken
5. Data management
5.2 NovaCustom B.V. respects the privacy of the users of the internet site and ensures confidentiality handling of your personal data.
5.3 NovaCustom B.V. might use a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or the distance agreement.
6.3 If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to NovaCustom B.V.) must report these defects to NovaCustom B.V. in writing within 2 months after discovery of the defect. Return of the delivered goods must be in the original packaging (including accessories and accompanying documentation). Using the goods after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, makes this right to complain and return completely invalid.
6.4 If complaints from the buyer by NovaCustom B.V. found valid, NovaCustom B.V. will repair or replace the delivered goods of the consumer free of charge. Possible liability of NovaCustom B.V. in case of damage is limited to at most the invoice amount of the relevant goods, or (at NovaCustom B.V.’s discretion) to the maximum in the relevant case by the liability insurance of NovaCustom B.V. amount covered. Any liability of NovaCustom B.V. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 NovaCustom B.V. is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) as long as the customer is vis-à-vis NovaCustom B.V. in default; B) the customer has repaired the goods delivered by third parties. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of NovaCustom B.V. and / or directions for use have been treated on the packaging;
6.7 NovaCustom B.V. gives a standard 2 year warranty on the components, unless otherwise stated in the offer. It is possible that different warranty terms apply to different components.
6.8 NovaCustom B.V.’s screen guarantee applies to the operation of the screen. In a single case, a dead pixel may appear on the screen. NovaCustom B.V. offers a standard 30-day guarantee for this: if a dead pixel is visible on the screen in the period from the receipt of the order until the thirty days afterwards, NovaCustom B.V. replace the screen without any charge, provided that the other warranty conditions are not violated.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-committal offer by the buyer, NovaCustom B.V. has the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises connect NovaCustom B.V. only after they have been confirmed explicitly and in writing.
7.4 Offers from NovaCustom B.V. do not automatically apply to repeat orders.
7.5 NovaCustom B.V. can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between NovaCustom B.V. and a customer comes into being after an order feasibility has been assessed by NovaCustom B.V.
8.2 NovaCustom B.V. reserves the right to refuse orders or orders without giving any reason or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings etc .; among others data concerning weights, dimensions, colors, images of labels, etc. on the internet site of NovaCustom B.V. are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.
10. Force majeure
10.1 NovaCustom B.V. is not liable, if and to the extent that its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of NovaCustom B.V. as well as of auxiliary persons, sickness of personnel, defects in auxiliary or transport means are expressly regarded as force majeure.
10.3 NovaCustom B.V. reserves in case of force majeure the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is modified so that implementation remains possible. In no case is NovaCustom B.V. to pay any fine or compensation.
10.4 If NovaCustom B.V. at the onset of the force majeure has partially fulfilled its obligations, or can only partly 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 if it were a separate order. However, this does not apply if the already delivered or deliverable part does not have an independent value.
11.1 NovaCustom B.V. is not liable for damage to vehicles or other objects caused by improper use of the products.
12. Reservation of ownership
12.1 Ownership of all by NovaCustom B.V. goods sold and delivered to the buyer remain with NovaCustom B.V. as long as the customer’s payment to NovaCustom B.V. by virtue of the agreement or previous or later agreements are not fulfilled, as long as the customer has not yet performed the required work or yet to be performed from these or similar agreements and as long as the customer accepts the claims of NovaCustom B.V. due to shortcomings in the performance of such obligations has not yet paid, including claims in respect of fines, interest and costs, all this as referred to in Section 3:92 Dutch Civil Code.
12.2 The by NovaCustom B.V. delivered goods that fall under the retention of title may only be resold within the framework of normal business operations and must never be used as a payment method.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The buyer gives unconditional and irrevocable consent to NovaCustom B.V. or a by NovaCustom B.V. appoint third party to, in all cases where NovaCustom B.V. to exercise her rights of ownership, to enter all those places where her property will be located and to take those items there.
12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged NovaCustom B.V. to be informed as soon as reasonably may be expected.
12.6 The customer undertakes to insure the goods delivered subject to 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 at NovaCustom B.V.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Of disputes arising from an agreement between NovaCustom B.V. and buyer, which can not be resolved by mutual agreement, will notify a competent judge within the region, unless NovaCustom B.V. prefers to submit the difference to the competent court of the buyer’s domicile, and with the exception of those disputes that are part of the jurisdiction of the subdistrict court.