ARTICLE 1 APPLICABILITY
1.1.These terms and conditions apply to any offer made by DERYAN BV and to any distance agreement concluded between DERYAN BV and buyer.
1.2.Before the remote agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the buyer electronically in such a way that it can be stored by the buyer in a simple way on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the buyer, at his request, either electronically or in some other way.
1.3.By placing an order you indicate that you agree with the delivery and payment terms.
ARTICLE 2 AGREEMENT
2.1.An agreement is concluded if the Buyer has accepted the offer electronically and DERYAN has confirmed the receipt of the acceptance of the offer immediately by electronic means.
2.2.DERYAN will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a safe web environment. If the buyer can pay electronically, the seller will take appropriate security measures for this purpose.
2.3 If a buyer is in default towards the seller in the execution of any agreement, DERYAN has the right at any time, even after he has executed an order completely or partially, before delivery, to demand from the buyer that he provides sufficient security that he will meet his payment obligations.
2.4 All the images, photos and drawings with data on weights, dimensions, colors on the internet site of DERYAN are only approximate, indicative and cannot be a reason for compensation or dissolution of the agreement.
2.5 If you place an order with DERYAN, your data will be recorded in the customer database of DERYAN BV. DERYAN BV abides by the Data Protection Act and will not provide your data to third parties.
DERYAN BV respects the privacy of the users of the Internet site and makes sure that your personal data are treated confidentially.
In some cases, DERYAN BV makes use of a mailing list. Each mailing contains instructions to remove yourself from this list.
ARTICLE 3 PRICES
3.1.The prices of the offered products will not be increased, except for price changes due to legal changes.
3.2.Completed transactions with DERYAN BV will always be conducted against the agreed conditions.
3.3. All the previous prices will automatically expire at the time of change, no rights can be derived from this.
3.4. All prices on the website are subject to printing and typing errors. For the consequences of
No liability is accepted for the consequences of misprints and typesetting errors.
3.5. All prices on the site are in Euros and include 21% VAT.
3.6. Offers are without obligation, unless otherwise stated in the offer.
When accepting an offer without engagement by the buyer, DERYAN BV reserves the right to revoke or reject the offer within 3 working days after receiving the acceptance.
3.7.Verbal commitments only commit DERYAN BV after they are explicitly confirmed in writing.
3.8 Offers made by DERYAN BV do not automatically apply to repeat orders.
3.9.DERYAN cannot be held to its offer if the buyer should have understood that the offer, or a part of it, contains an obvious mistake or error.
ARTICLE 4 RIGHT OF WITHDRAWAL
4.1. In the case of a consumer purchase in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the contract without giving reasons during 7 working days. This period starts on the day after receipt of the product by the consumer. If, at the end of this period, the consumer has not returned the delivered goods to vendor, the purchase is a fact.
4.2.The consumer is obliged, before proceeding to the return, to notify DERYAN in writing within the period of 7 working days after delivery. The consumer will have to prove that the delivered goods are returned in time.
4.3.During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all delivered accessories and in the original state and packaging to DERYAN, according to the reasonable and clear instructions provided by DERYAN. The return of the delivered goods will be entirely at the expense and risk of the consumer.
4.4.The right of withdrawal mentioned above does not apply to goods that are made according to the specifications of the consumer, including for example custom-made goods, or goods that have a clearly personal character.
ARTICLE 5 COSTS IN CASE OF WITHDRAWAL
5.1 If the Consumer makes use of his/her right of withdrawal, he/she will only be charged for the costs of returning the goods.
5.2. Subject to what is said in article 4, DERYAN will make sure that, within 30 days after receipt of the return shipment, the full purchase amount excluding the calculated shipping costs will be refunded to the consumer.
ARTICLE 6 DELIVERY TIMES
6.1.Delivery will take place as long as the stock lasts.
6.2. The indication of the delivery time is approximate. DERYAN will do his utmost to keep to the given delivery time but will not be held responsible for the consequences of exceeding the delivery time that he could not reasonably avoid. Such exceeding will not oblige DERYAN to any compensation nor will it give the buyer the right to cancel the agreement.
6.3.In case of exceeding the presumed delivery time mentioned in paragraph 1 of this article, DERYAN will be given a further time to still deliver. This further period is equal to the original presumed delivery time with a maximum of one month. When this further period is exceeded, the buyer has the right to terminate the agreement without reason.
ARTICLE 7 DELIVERY
7.1.The place of delivery will be the address that the buyer has clearly communicated to DERYAN. If the address is wrong or not correct because it is incomplete or wrongly communicated by the Buyer, the costs of returning and resending the package will be at the expense of the Buyer.
7.2. All goods are transported at the expense of the buyer, unless the freight costs are included in the price.
7.3 If the goods are sent by means of transport of DERYAN or by forwarding agents working on his behalf, the delivery will take place by offering the goods to the buyer at ground level. In this case, the goods will travel at the risk of DERYAN until the moment of delivery.
7.4 When a buyer refuses to accept the goods that are offered to him correctly and undamaged, the resulting freight charges, storage costs and return shipment costs, etc. will be at his expense.
ARTICLE 9 GUARANTEE AND COMPLAINTS
9.1.DERYAN will give a guarantee for the products delivered by him, starting from the day of the invoice to the Buyer, as far as the defects are attributable to the Seller, which appear during normal use, based on the following depreciation procedure: - within 1 year after the date of invoice: the cost of repair respectively replacement, including freight within the Netherlands, will be entirely at the expense of DERYAN
9.2. The buyer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered good is wrong, inadequate or incomplete, the buyer will have to (before proceeding to return the good to DERYAN BV) immediately report these defects in writing to DERYAN BV. Any defects or wrong goods delivered must and can be reported in writing to DERYAN BV at the latest until 2 months after delivery. The goods have to be returned in the original packaging (including accessories and corresponding documentation) and in new condition. Use after noticing the default, damage after noticing the default, encumbrance and / or resale after noticing the default, this right to complain and return completely expires.
9.3. If complaints by the buyer are found to be justified by DERYAN BV, DERYAN BV will, at its option, either replace the delivered goods free of charge or make a written arrangement with the buyer about the compensation, on the understanding that
The liability of DERYAN BV and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the option of DERYAN BV) to the maximum amount covered by the liability insurance of DERYAN BV in the case in question. Any liability of DERYAN BV for any other form of damage is excluded, including additional compensation in any form, compensation of indirect or consequential damage or damage due to lost profits.
9.4.DERYAN BV is not liable for any damage caused by the wrong turning of the product by the buyer or by a third party.
9.5. This warranty will not apply if: A) and as long as the buyer is in default against DERYAN BV; B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or in contradiction with the instructions of DERYAN BV and/or the instructions for use on the packaging; D) the inadequacy is entirely or partially the result of regulations that the government has made or will make with respect to the nature or the quality of the applied materials.
ARTICLE 10 LIMITATION OF LIABILITY
10.1.As far as allowed by law, the liability of DERYAN for damage caused by defects of the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this exoneration for the buyer are proven to be unreasonably onerous.
10.2. The Seller will never be liable for indirect damage, including damage suffered by third parties.
ARTICLE 11 NON-ATTRIBUTABLE SHORTCOMING
11.1 In case DERYAN is hindered in the execution of the agreement due to mobilization, danger of war, war, strike, lockout or any other non-attributable failure of any other nature, he will not be held to any term and he will also be authorized to not execute the agreement concluded by him, completely or partially, without any judicial measure being necessary. DERYAN will have to inform the buyer immediately about the occurrence of the circumstances of the non-attributable failure.
11.2 In all cases of non-attributable failure, the other party will have the right to terminate the agreement if it cannot reasonably be required to continue the agreement.
ARTICLE 12 APPLICABLE LAW AND COMPETENT COURT
12.1. All offers, agreements and their implementation are exclusively governed by Dutch law.
12.2 All disputes will be settled by the court in the district where DERYAN is located, as far as they exceed the competence of the cantonal judge.
CONTACT INFO DERYAN .B.V.
Marithaime 8, 6662 WD Elst
Email: [email protected]
KvK number 9161085
VAT number NL816948173B01
Phone number +31481351070