Terms & Conditions
Article 1. Applicability
- These Terms and Conditions (the Conditions) apply at all offers, orders and agreements of Best-Fix BV, also trading under the name Tackershop.nl, CartonClosing.com, HandTackers.com, PolymerFasteners.con, Spenax-Hogrings.com and Schuifdeursystemen.eu (hereinafter "Seller"),to the exclusion of any other terms and conditions.
- "Buyer" means any party with Seller that is or will be in a contractual relationship of any kind.
- Placing an order implies that the applicability of these Conditions is accepted.
- Of the provisions of these Conditions may be waived only in writing, in which case the other provisions shall remain in force.
- All rights and claims, as in these conditions and any further agreements, that are made on behalf of the Seller, are also stipulated on behalf of third parties engaged by the Seller.
- Seller is authorized to use intermediaries and other third parties in the performance of a contract with the Buyer. In this case these conditions are also fully applicable.
- If the Seller for a shorter or longer time, whether or not implied, deviations from these Conditions, it leaves Seller still the right to demand immediate and strict compliance with these Conditions. The buyer can never claim any rights on the grounds that the Seller applies these Conditions flexibly.
Article 2. Offers / agreements
- All offers of Seller are without obligation and Seller explicitly reserves the right to change prices if necessary. In that case Seller shall notify Buyer immediately in writing (by email, fax or letter), whereupon Buyer shall be entitled to terminate the agreement in writing (by email, fax or letter).
- An agreement is made on the time that a confirmation of an order issued by the Buyer, is sent by mail to the address specified by the Buyer correspondence (e-mail, fax or postal address). The Buyer and Seller explicitly agree that use of electronic ways of communication are a valid agreement once this confirmation has been sent to the Buyer. The electronic files of Seller shall, to the extent permitted by law, as a presumption of proof.
- Seller is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted by Seller, Seller shall notify this within 10 days of receipt of the order. In this case any payments made, will be refunded without deduction.
Article 3. Prices and Payments
- Prices for the products and services offered, are in euros, excluding VAT and excluding shipping and taxes or other levies, unless otherwise stated or agreed in writing. Price, currency, model and implementation changes and typing errors are subject to change.
- Orders made on the Internet, should be paid in advance through iDeal, MrCash, SofortBanking, PayPal or by bank transfer without discount or compensation
- The internet prices do not apply to orders placed directly with Seller and delivered on invoice, unless expressly agreed and confirmed by the Seller in writing (by email, fax or letter).
- In case of delivery on invoice Buyer shall make the payment on the invoiced amount without any discount or compensation and within the payment period.
- If Buyer fails to make any payment, the Seller is entitled to suspend or dissolve (the implementation of) the agreement and any related agreements.
Article 4. delivery
- The delivery times stated by the Seller are indicative only. The Buyer is not entitled to compensation or has no right to cancel or terminate the agreement when a delivery time is exceeded, unless the delay in the delivery time is such, that the Buyer can not reasonably be expected that the Buyer keeps the agreement intact. In this case the Buyer is entitled to cancel or terminate the agreement far as is necessary.
- If the Buyer gives a delivery address to the Seller in writing, the Seller is entitled to send all orders to that address unless the Buyer indicates to the Seller in writing to use another delivery address.
- Buyer is obliged to accept the goods at the time when the transporter of the Seller offers the goods. The goods considered to be delivered when transporter offers the goods. If the Buyer not accept the goods, Seller is entitled to store the goods concerned at risk and expense of Buyer.
- Seller is always entitled to make partial delivery of goods and/or services and to invoice them separately.
- Deliveries abroad, Seller can apply different policies and/or (shipping) rates.
Article 5. exchange and right of withdrawal
- If Buyer for whatever reason wish not want to keep a product purchased through the online store of Seller, the Buyer has the right to return the product to Seller within 7 working days after delivery. Returns are only accepted if the products are unused and unopened and in original packaging.
- If the Buyer uses the right as stated in the previous paragraph, then Seller shall ensure repayment of the amount paid by Buyer to Seller, cancellation fees which are equal to the order and shipping costs, even if these were not charged.
- The cost of returning the goods shall be borne by the Buyer.
- Seller reserves the right to refuse returned goods or to refund only a portion of the amount already paid, where it is suspected that the product (other than trough Seller or manufacturer) has been opened, used or is damaged through the agency of Buyer.
- If a product is returned, which in the opinion of Seller is damaged by an act or omission of the Buyer due or otherwise at risk of the Buyer, Seller will inform the Buyer in writing (by email, fax or letter) .
- As a result of this damage Seller has the right to charge the depreciation of the purchase price of the product from the amount to be refunded to Buyer without prejudice to the costs referred to in Article 5.2.
Article 6. Property rights and reservation of ownership
- Buyer acknowledges explicitly that all intellectual and industrial property of the information, images, communications or other expressions concerning the products and or relating to the website are owned by Seller, its suppliers or other claimants.
- Intellectual and industrial property rights include patents, copyrights, trademarks, designs and design rights and other (property) rights, which also included whether or not patentable technical and commercial know-how, methods and concepts.
- The Buyer is prohibited from using, including making changes, of the intellectual and industrial property rights as described in this article, for example duplication, without the express prior written consent of Seller, its suppliers or other claimants, unless it solely concerns to private use in relation to the product itself.
- Ownership of delivered products is transferred only if the Buyer has met everything that is based on any contract to Seller. The risk regarding of the products passes already to the Buyer at the time of delivery.
Article 7. Complaints and tolerances
- All items are checked before shipment by Seller. If nevertheless after delivery appears that the provided is not respecting contractual requirements, within 24 hours after delivery Buyer can ask in writing (by email, fax or letter) for repair, replacement or supply of the missing or defective part. After that Buyer is deemed to agree to the state in which the order is shipped and loses the right to complaints.
- If it is proven that the delivery does not comply with the agreement, Seller will try to resolve the complaint within 10 days and has the choice to return the product(s) or to replace them with new equivalent products or to refund the invoice value.
- In respect of the agreed specifications in the relevant sector standard, deviations are permissible, both upwards and downwards, with respect to quantities, colors, weights, thicknesses, sizes, etc.
- In assessing whether the permissible tolerances of the agreed specifications are exceeded, ther must always be taken a representative sample of the delivery. At least 10% of the goods must cross these tolerances.
Article 8. Warranty and liability
- Seller gives factory warranty on the purchased products. This is the guarantee given by the manufacturer of these products. This warranty does not affect the rights of Buyer which arise out of the law or the agreement.
- Seller is never obliged to pay any compensation to Buyer or others, unless there is intent or gross negligence on the part of Seller.
- Seller is never liable for consequential loss or damages, indirect damages and profits or turnover.
- If the Seller, for whatever reason, is obliged to compensate any damages, the compensation shall not exceed an amount equal to the invoice value to the product or service on which damage was caused.
Article 9. Force Majeure
- In case of force majeure Seller is entitled at its option to suspend the implementation of the order or to terminate the agreement without receiving any obligations to pay damages.
- Force majeure is defined as any failure can not be allocated to Seller because it is not due to fault of Seller.
Article 10. Privacy
- Seller will process personal data of the Buyer in one or more files.
- The purpose of the processing of the personal data is to fulfill the agreement that Buyer and Seller have entered into, as well as the ability to be able to make focused offers to the Buyer. For this purpose the data of the Buyer shall be provided to third parties (freight forwarders etc).
- By incurring an agreement with Seller and therefore an agreement to which these conditions apply, Buyer explicitly agrees to consent to the processing of personal data provided by the Buyer.
- Buyer shall at all times be able to look into his personal data. In this case Buyer must submit a written request to Seller (by email, fax or letter) after which Seller will provide a written summary (by email, fax or letter) of the contained personal data of the Buyer within 4 weeks. If Buyer believes that his personal data must be corrected, supplemented, deleted or should be protected because it is incomplete, factually incorrect, irrelevant or contrary to a legal prescription, Buyer will report this in writing (by email, fax or letter ) to Seller and indicate what should be corrected, supplemented, covered or removed. To the extent possible Seller will process this new information immediately.
Article 11. Applicable law and competent court
- Dutch law applies on all rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions themselves.
- Applicability of the Convention of the United Nations Convention on international purchase agreements of goods (CISG Vienna, April 11, 1980) is excluded.
- Any disputes with Seller arising from the agreements concluded shall be at the option of Seller settled by the competent court of the place of establishment of the Seller, or, at the option of Seller, by means of arbitration. In case of arbitration, the rules of the Dutch Arbitration Institute are valid.
Article 12. Final Provisions
- Of these terms and conditions can only be departed by further written agreement (via e-mail, fax or letter).
- These terms and conditions shall take place of all previous terms and conditions of the Seller as of April 14, 2009.
These terms and conditions are registered at the Chamber of Commerce under number 32094217.