General Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Agreement
Article 4 - Prices
Article 5 - Right of withdrawal
Article 6 - Costs in case of withdrawal
Article 7 - Exclusion of the right of withdrawal
Article 8 - Delivery time
Article 9 - Delivery and transfer of risk
Article 10 - Delivery
Article 11 - Guarantees and complaints
Article 12 - Liability
Article 13 - Limitation of liability
Article 14 - Force of the majority
Artikel 15 - Intellectual property
Artikel 16 - Complaints policy
Artikel 17 - Payment
Article 1 Definitions
In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
- Seller: DERYAN B. and its domain and/or trade names used by DERYAN B. Q. in Elst (Chamber of Commerce no. 09161085, having the case at (WD 6662) Marithaime 8, to the seller referred to in these general terms and conditions.
- Buyer: The other party of the seller is referred to in these general terms and conditions as buyer (or consumer, if it concerns a natural person who is not acting in the exercise of a profession or business).
- Parties: Parties are seller and buyer together.
- Agreement: The agreement refers to the purchase agreement between the parties.
Article 2 Applicability
- These general terms and conditions apply to every offer of DERYAN B.V. to every distance contract concluded between DERYAN B.V. and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 3 Agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein. Article 6:232 of the Dutch Civil Code states: "a counterparty is also bound by the general terms and conditions if, at the conclusion of the agreement, the user understood or had to understand that it did not know the content thereof."
- If the consumer has accepted the offer electronically, DERYAN B.V. will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by DERYAN B.V., the consumer can dissolve the agreement.
- If the agreement is concluded electronically, DERYAN B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data, DERYAN MUST ENSURE A SECURE WEB ENVIRONMENT. If the consumer can pay electronically, DERYAN B.V. will observe appropriate security measures.
- DERYAN B.V. can inform itself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If DERYAN B.V. has good reasons not to enter into the agreement on the basis of this investigation, it is entitled to refuse an order or request motivated or to attach special conditions to the execution.
Article 4 Prices
- The prices of the products offered will not be increased, except for price changes as a result of legal changes. Transactions concluded with DERYAN B.V. are always conducted under the agreed conditions.
- All previous prices will automatically lapse at the time of change and no rights can be derived from this. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- All prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. All prices on the site are in Euros and include 21% VAT. Offers are without obligation, unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, DERYAN B.V. reserves the right to revoke or deviate from the offer within the period of three working days after receipt of that acceptance.
- Verbal promises only bind DERYAN B.V. after they have been expressly confirmed in writing. Offers from DERYAN B.V. do not automatically apply to repeat orders. DERYAN B.V. cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
Article 5 Right of withdrawal
- If there is a consumer purchase in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the agreement without giving reasons for 14 working days. This cooling-off period starts on the day after receipt of the product by the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
- The consumer is obliged, before proceeding to return, to report this in writing to DERYAN B.V. within the period of 14 working days after delivery. The consumer must prove that the delivered goods have been returned in time.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in the original condition and packaging to DERYAN B.V., in accordance with the reasonable and clear instructions provided by DERYAN B.V. The return of the delivered goods is entirely at the expense and risk of the consumer.
- The above right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, including, for example, customization, or that have a clearly personal character.
Article 6 Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return will be borne by him at most. If the consumer has paid an amount, DERYAN B.V. will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 7 Exclusion of right of withdrawal
- DERYAN B.V. can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if DERYAN B.V. has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a) Which have been established by DERYAN B.V. in accordance with the consumer's specifications;
b) Which are clearly personal in nature;
c) Which by their nature cannot be returned;
d) Which can spoil or age quickly;
e) The price of which is subject to fluctuations in the financial market over which DERYAN B.V. has no influence;
f) For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal.
- The right of withdrawal is only possible for services:
a) Concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b) The delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c) Concerning bets and lotteries.
Article 8 Delivery time
- Delivery takes place while stocks last.
- The indication of the delivery time is approximate. DERYAN B.V. undertakes to adhere as much as possible to the stated delivery time, but is not liable for the consequences of exceeding, which it could not reasonably have prevented. Such exceeding does not oblige DERYAN B.V. to pay any compensation, nor does it give the buyer the right to dissolve the agreement.
- If the probable delivery time referred to in paragraph 1 of this article is exceeded, DERYAN B.V. will be granted a further period to still deliver. This further period is equal to the original expected delivery time with a maximum of one month. If this further term is exceeded, the buyer has the right to dissolve the agreement without reason.
Article 9 Delivery and transfer of risk
- As soon as the purchased by the buyer is received, the risk goes from seller to buyer.
Article 10 Delivery
- DERYAN B.V. will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to DERYAN B.V.
- With due observance of what is stated in article 4 of these general terms and conditions, DERYAN B.V. will execute accepted orders expeditiously but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order.
- In that case, the consumer has the right to dissolve the agreement without costs.
Article 11 Guarantees and complaints
- DERYAN B.V. grants a guarantee for the products delivered by it, counting from the day of invoicing to the buyer to be used insofar as it concerns defects attributable to the seller, which occur under normal use, on the basis of the following depreciation procedure: – within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, are fully for the account of DERYAN B.V.
- The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must (before proceeding to return to DERYAN B.V.) immediately report these defects in writing to DERYAN B.V.
- Any defects or incorrectly delivered goods must and can be reported to DERYAN B.V. in writing up to a maximum of 2 months after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of defect, damage caused after discovery of defect, encumbrance and / or resale after discovery of defect, this right to complain and return completely lapses.
- If complaints from the customer are found to be well-founded by DERYAN B.V., DERYAN B.V. will, at its discretion, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of DERYAN B.V. and therefore the amount of the compensation is always limited to a maximum of the invoice of the goods in question, or (at the discretion of DERYAN B.V.) up to the maximum amount covered by the liability insurance of DERYAN B.V. in the relevant case. Any liability of DERYAN B.V. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage or damage due to loss of profit.
- DERYAN B.V. is not liable for damage caused by the incorrect assembly of the product by the buyer or by a third party.
- This guarantee does not apply if:
a) As long as the buyer is in default against DERYAN B.V.;
b) The customer has parried and/or processed the delivered goods himself or has had them repaired/or processed by third parties;
c) The delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated contrary to the instructions of DERYAN B.V. and / or instructions for use on the packaging;
d) The inadequacy is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used
Article 12 Liability
- DERYAN BV is only liable for damages caused by the customer if and to the extent that this damage was caused by intent or intentional recklessness.
- If DERYAN BV is liable for damages, it shall only be liable for direct damages resulting from or in connection with the execution of a contract.
- DERYAN BV is never liable for indirect damages such as consequential damages, lost profit savings or damage to third parties.
- If DERYAN BV is liable, this liability is limited to the amount caused by damage to third parties. The (professional) liability insurance is paid out and in the absence of full payment of the amount of damage by an insurance company, liability is limited to the part of the invoice amount to which the liability relates.
- All images photos, colors, drawings descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to compensation and / or (partial) termination of the contract and / or suspension of an obligation.
Article 13 Limitation of liability
- To the extent permitted by law, the liability of DERYAN B.V. 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 exconization for the buyer are demonstrably unreasonably onerous.
- The seller is never liable for indirect damage including damage from third parties.
Article 14 Force of the majority
- If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
- Force majeure in any case means a circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer such as illness, war or danger of war, civil war and riot molestation, sabotage, terrorism, energy failure flood, earthquake, fire, business establishment, strikes, worker exclusion, changed government measures, transsport difficulties and other malfunctions in the seller's business.
- Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfil the contractual obligations towards the seller, unless this can be blamed on the seller.
- If a situation such as the one before arises as a result of which it does not comply with its obligations, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
- If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement immediately. Dissolution is only possible by registered letter.
Article 15 Intellectual property
- DERYAN B.V. retains intellectual property rights (including copyright patent law trademark law, drawings and design rights, on all products, designs, drawings, writings, carriers with data or other information, quotation, images, sketches, models, models, unless the parties have agreed otherwise in writing.
- The customer may not show said intellectual property rights to third parties without the prior written permission of DERYAN B.V. and show them or make them available or use them in any other way.
Article 16 Complaints policy
- The customer must inform DERYAN B.V. in writing of any notice of default.
- It is the customer's responsibility to ensure that a notice of default reaches DERYAN B.V. (in good time).
Article 17 Payment
- Unless otherwise specified in the contract or in the additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer has received the confirmation of the contract.
- When selling products to consumers, the consumer may never be required to pay more than 50% in advance in the terms and conditions. If an advance payment has been agreed, the consumer cannot assert any right in relation to the execution of the order or service(s) in question before the agreed prepayment has been made.
- The consumer can use the following payment methods at DERYAN B.V.: Ideal, PayPal, Mastercard VISA, Bancontact Mister Cash, Sofortüberweisung, Maestro, American EXPRES and Klarna.