Terms and conditions
General Terms and Conditions of Interhiva B.V., established in Barneveld, the Netherlands
Chamber of Commerce number : 09066816
VAT number: NL009893684b01
Version valid as of 2018/05/02
1.1 These general terms and conditions shall apply to all offers of Interhiva B.V.. The terms and conditions are accessible to everyone and have been included on the internet site of Interhiva B.V.. On request, we shall send you a written copy.
1.2 By placing an order, you indicate that you agree with the delivery and payment terms and conditions. Interhiva 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 terms and conditions or stipulations of third parties shall not be recognised by Interhiva B.V.
1.4 Interhiva B.V. guarantees that the product delivered shall comply with the agreement and with the specifications listed in the offer.
2.1 Delivery shall take place as long as stocks last.
2.2 Within the framework of the rules of distance selling, Interhiva B.V. shall execute orders at least within 30 days. If this is not possible (because what has been ordered is out of stock or no longer available for delivery), or if there is a delay for any other reason, or if an order cannot be carried out in full or in part, the client shall be informed within one month of placing the order and shall in that case be entitled to cancel the order without any costs or notice of default.
2.3 The obligation of Interhiva B.V. to deliver shall, subject to proof to the contrary, be deemed to have been fulfilled as soon as the items delivered by Interhiva B.V. have been offered to the client once. In the case of home delivery, the report of the carrier, containing the refusal of acceptance, shall constitute full proof of the offer to deliver.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.
3.1 Prices will not be increased during the term of the offer, unless required by law or if the manufacturer introduces interim price increases.
3.2 All prices on the site are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.
3.3 All prices on the site are in Euros and include 19% VAT.
4. Trial Period / Right of Withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Civil Code), the customer has the right to withdraw from the contract without giving any reason. The withdrawal
period will expire 14 days after the day on which the customer or a third party appointed by the customer, who is not the carrier, acquires physical possession of the goods. In order to exercise the right of withdrawal, the purchaser must inform Interhiva B.V. of your decision to revoke the agreement by means of an unequivocal statement (e.g. in writing by post or e-mail). The client may use the model withdrawal form for this purpose, but is not obliged to do so. If the customer makes use of this option, we will send you an acknowledgement of receipt of your withdrawal on a durable medium (e.g. by e-mail) without delay. In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
4.2 If the client revokes the agreement, the client shall receive back from us all payments made by the client up to that time, including delivery costs (with the exception of any additional costs resulting from the choice of the client for a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any case no later than 14 days after Interhiva B.V. has been informed of the client's decision to revoke the agreement. Interhiva B.V. shall repay the purchaser with the same means of payment with which the purchaser made the original transaction, unless the purchaser has expressly agreed otherwise; in any case the purchaser shall not be charged for such repayment.
4.3 The Customer must return or hand over the goods to us without delay, but in any event no later than 14 days after the day on which the Customer notified us of the decision to withdraw from the contract. The Purchaser is in time if the Purchaser returns the goods before the period of 14 days has expired. The direct costs of returning the goods shall be borne by the Customer.
4.4 You shall only be liable for any reduction in the value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
4.5 With due observance of the provisions of this article, Interhiva B.V. shall ensure that within 14 days after proper receipt of the returned goods, the full purchase amount including the calculated shipping costs shall be refunded to the client. The return of the delivered goods shall be entirely at the expense and risk of the client. 4.6 The right of withdrawal does not apply to: goods that are manufactured according to the specifications of the consumer, for example custom-made, or that have a clear personal character for goods or services that cannot be returned due to their nature, for example in connection with hygiene or that spoil or age quickly audio and video recordings and computer software of which the consumer has broken the seal
5. Data management
5.2 Interhiva B.V. shall respect the privacy of the users of the internet site and shall ensure that your personal details are treated confidentially.
5.3 In some cases, Interhiva B.V. makes use of a mailing list. Each mailing shall contain instructions for removing yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date that the agreement was concluded.
6.2 An arrangement offered as a guarantee by the trader, manufacturer or importer will not affect the rights and claims that the consumer may exercise against the trader in respect of a shortcoming in the performance of the obligations of the trader under the law and/or the distance contract.
6.3 The consumer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered good is wrong, unsound or incomplete, the client shall (before proceeding to return it to Interhiva B.V.) notify Interhiva B.V. of these defects immediately in writing. Any defects or faulty goods delivered must and can be reported in writing to Interhiva B.V. at the latest up to 2 months after delivery. Goods must be returned in the original packaging (including accessories and accompanying documentation) and in a new condition. Use after detection of the default, damage occurring after detection of the default, encumbrance and/or resale after detection of the default shall render this right of complaint and return completely null and void.
6.4 If complaints of the client are found to be well-founded by Interhiva B.V., Interhiva B.V. shall, at its own discretion, either replace the delivered goods free of charge or make a written arrangement with the client about the compensation of the damage, on the understanding that the liability of Interhiva B.V. and therefore the amount of compensation shall always be limited to a maximum of the amount of the invoice for the goods concerned or (at the discretion of Interhiva B.V.) the maximum amount covered by the liability insurance of Interhiva B.V. in the matter concerned. Any liability of Interhiva BV 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.
6.5 Interhiva B.V. shall not be liable for any damage caused by wilful intent or equivalent recklessness on the part of non-managerial staff.
6.6 This guarantee shall not apply if: A) and for as long as the client is in default towards Interhiva B.V.; B) the client has repaired and/or altered the delivered goods himself or has had them repaired and/or altered by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Interhiva B.V. and/or the instructions for use given on the packaging; D) the defectiveness is wholly or partially the result of regulations laid down or to be laid down by the government regarding the nature or quality of the materials applied;
7.1 Offers are non-binding, unless stated otherwise in the offer.
7.2 If the purchaser accepts an offer without engagement, Interhiva B.V. reserves the right to revoke or amend the offer within a period of 3 working days.
7.3 Verbal undertakings shall only be binding upon Interhiva B.V. if they have been confirmed explicitly and in writing.
7.4 Offers made by Interhiva B.V. shall not automatically apply to repeat orders.
7.5 Interhiva B.V. cannot be kept to its offer if the client should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and/or further agreements shall be effective only if agreed upon in writing.
8.1 An agreement between Interhiva B.V. and a client shall be effected after an order has been assessed for feasibility by Interhiva B.V.
8.2 Interhiva B.V. reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that delivery is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images, photographs, drawings etc., including data regarding weights, dimensions, colors, pictures of labels etc. on the internet site of Interhiva B.V. shall be approximate only, shall be indicative and shall not constitute grounds for compensation or dissolution of the agreement.
10. Force majeure
10.1 Interhiva B.V. shall not be liable if and in so far as it is unable to comply with its commitments due to force majeure.
10.2 Force majeure shall be understood to be any strange cause, as well as any circumstance that should not reasonably be at the risk of Interhiva B.V. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Interhiva B.V. as well as auxiliary persons, sickness of personnel, and deficiencies in auxiliary means or means of transport shall expressly constitute force majeure.
10.3 In the event of force majeure, Interhiva B.V. reserves the right to suspend its obligations and shall also be entitled to dissolve the agreement wholly or in part or to demand that the contents of the agreement be changed in such a way that execution remains possible. Interhiva B.V. shall in no case be obliged to pay any fines or compensation for damages.
10.4 If Interhiva B.V. has already partially fulfilled its obligations when force majeure arises or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or the deliverable part separately and the client shall be obliged to pay this invoice as if it were a separate contract. This does not apply if the already delivered or deliverable part has no independent value.
11.1 Interhiva B.V. shall not be liable for damage caused to vehicles or other objects due to misuse of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Interhiva B.V. to the client shall remain with Interhiva B.V. for as long as the client has not paid the claims of Interhiva B.V. arising from the agreement or previous or subsequent similar agreements, for as long as the client has not yet paid the work performed or to be performed arising from this or similar agreements and for as long as the client has not paid the claims of Interhiva B.V. arising from shortcomings in compliance with the agreement. V. for failure to comply with such undertakings, including claims relating to penalties, interest and costs, all as referred to in article 3:92 of the Dutch Civil Code.
12.2 Goods delivered by Interhiva B.V. that are subject to retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.
12.3 The client shall not be authorised to pledge or otherwise encumber goods that are subject to retention of title.
12.4 The client hereby unconditionally and irrevocably authorises Interhiva B.V. or a third party to be appointed by Interhiva B.V., in all cases in which Interhiva B.V. wishes to exercise its property rights, to enter all those places where its property shall be situated and to take those goods with it.
12.5 If third parties levy attachment on the goods delivered subject to retention of title or wish to establish or assert rights to them, the client shall be obliged to notify Interhiva B.V. thereof as soon as can reasonably be expected.
12.6 The client shall undertake 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 submit the insurance policy for inspection to Interhiva B.V. on demand.
13. Applicable law/jurisdiction
13.1 All agreements shall be governed by Dutch law.
13.2 Disputes arising from an agreement between Interhiva B.V. and the client that cannot be resolved in mutual consultation shall be settled by the competent court in the district of Barneveld, unless Interhiva B.V. prefers to submit the dispute to the competent court in the client's place of residence, with the exception of those disputes that fall under the jurisdiction of the subdistrict court judge.