ART. 1: APPLICABILITY
- These general terms and conditions apply to all our offers and all agreements entered into by us, whatever the name. In particular, these terms and conditions apply to agreements entered into by us for the delivery of goods to our buyers.
- When these general terms and conditions refer to “buyer”, it should be understood that it refers to any natural or legal person, over 12 years of age, who has a contractual relationship with us, based on a purchase or other agreement. celebrated. with us, as well as any natural or legal person who wishes to enter into a purchase or other type of contract with us.
- The provisions of these general terms and conditions can only and can only be deviated if and to the extent that this has been expressly agreed in writing.
- If the buyer also refers to its general terms and conditions, the buyer’s terms and conditions do not apply. This is only different if and insofar as the applicability of the buyer’s terms and conditions has been expressly accepted by us in writing and insofar as the buyer’s terms and conditions do not conflict with the provisions of our terms. and general conditions. If the buyer’s terms and conditions conflict with our general terms and conditions, only the provisions of our terms and conditions will apply. Any stipulation to the contrary in the buyer’s terms and conditions does not affect the foregoing.
- When these general terms and conditions refer to “(delivery of) goods”, this also includes the provision of services and activities of any nature, in the broadest sense of the word.
- These general terms and conditions also explicitly apply to (agreements for) the provision of services and activities, of any nature, referred to in the broadest sense of the word.
ART. 2: THE OFFER
- The goods and / or services offered are described and / or described clearly and truthfully and in the most complete manner that is reasonably required and the business purpose must be clearly evident. If there is a limited period of validity of the offer, this limitation will be clearly indicated.
- The general terms and conditions apply to all offers of goods and / or services.
ART. 3: INFORMATION, TIPS AND USE
- The information and advice provided / offered by us are of a general nature and without obligation. Therefore, this information and this advice are not binding on us, unless otherwise stated in writing explicitly and unequivocally.
- Before using the delivered goods, the buyer is obliged to read the manufacturer’s information and advice attached to the goods.
ART. 4: FORMATION OF THE AGREEMENT
- The contract of sale is concluded when we accept (confirm) an order that has been sent to us electronically (by email) or by telephone. The order will be confirmed by us electronically (by email) or by phone as soon as possible after receiving the order.
- The order confirmation sent by us to the buyer is considered to fully and accurately reflect the content of the agreement entered into. The buyer is deemed to agree with the content of the order confirmation, unless he informs us immediately after the order confirmation that he cannot agree to the content of the order.
- These general terms and conditions apply to all purchase and sale agreements as if they were literally included in them.
ART. 5: PRICES
- All our prices include sales tax.
- Once the agreement is concluded, no price changes will be made unless the change is the result of a legal provision or regulation.
ART. 6: ORDER AND DELIVERY
- Deliveries of goods and / or services are only made upon explicit request, unless otherwise agreed between the company and the consumer.
- What is sent unsolicited can be kept free of charge or returned free of charge by the consumer, unless there is an obvious error or the shipment is attributable to the consumer. In that case and to the extent that its nature allows it, the consumer will keep the goods and documents at the disposal of the company. The consumer will do or refrain from doing anything that requires reasonableness and impartiality.
- The company will take the greatest possible care when receiving and executing orders for goods and when evaluating requests for the provision of services.
- The place of delivery is the address of the consumer who was last disclosed to the company, unless otherwise agreed.
- The company will execute all accepted orders within the specified delivery times, provided that all the information we need for the execution of the order is in our possession and we have received payment of the purchase price.
- Delivery times are extended for the time during which the buyer has left unpaid any amount due after it is due and payable.
- Delivery times can also be delayed if one or more items are (temporarily) out of stock. If an order cannot be executed or partially executed, the buyer will receive it in writing, by email or by telephone.
- If the buyer has to wait more than 30 business days to receive the ordered item, the buyer has the option to cancel the agreement free of charge.
- In the event of late delivery, we must receive written notification of the breach.
- The risk of damage and / or loss of the merchandise rests with the company until the moment of delivery, unless otherwise agreed. Products are considered delivered as soon as they leave the Capsinol warehouse.
- The product will be sent by regular mail. It will be sent from the Netherlands with PostNL. They will hand over the mail item to the local postal service. Because the product is sent from the Netherlands, the delivery time is longer than a regular delivery. You should take into account a delivery time of 5-7 business days.
ART. 7: PAYMENT
- The consumer agrees to cover the purchase price with one of the payment options offered on the website.
- The amounts owed by the consumer must be paid within fourteen days after placing the order.
- If the consumer remains in default in accordance with the above, the order will expire.
- The consumer has the duty to report inaccuracies in the information provided or declared to the company without delay.
- The regulations of any authority, which prevent the use of the goods to be delivered or already delivered, do not modify the financial obligations of the buyer.
- The buyer’s right to set off any claim against us is excluded.
- In any case, the total purchase price expires and is paid immediately in case of late payment, when the buyer declares bankruptcy, requests a moratorium or has requested his order of administration, when an embargo is imposed on the merchandise or claims. of the buyer, and when it dies, it goes into liquidation or is dissolved.
ART. 8: SHIPPING COSTS
- All prices exclude shipping costs.
ART. 9: ADVERTISING, CANCELLATION
- If the item cannot be used due to shipping damage or does not correspond to the item ordered, the buyer has the option to return it. The buyer must inform Capsinol of this within 48 hours of receipt by registered letter or by email with a clear description of the complaint. The costs of returning the items are always borne by the buyer.
- After the item has been evaluated by us, depending on the result of this evaluation, the purchase price of the item in question will be refunded to the buyer.
- The buyer must at all times offer us the opportunity to repair any defects.
- Defects and / or damage caused by improper or incorrect use of the products are not covered by the warranty. We are not responsible for this.
- Any right of action of the buyer against the company, related to defects in the goods delivered by us, expires if: – the defects have not been notified to us within the periods established in this article and / or not in the manner indicated there; – the buyer does not cooperate or does not cooperate sufficiently with us regarding an investigation into the validity of the complaints; – the buyer has used the merchandise in contravention of the regulations, or at least in an abnormal way; – The Buyer will continue the application and use of the goods with respect to which complaints have been expressed.
- The buyer has the right to cancel the purchase free of charge within 7 days after placing the order. This should only be done by registered letter or email.
- It is an order not, or not within the limits specified in art. 9.6 period, the buyer remains obliged to accept and pay for the order. If the buyer remains in default, the buyer may be charged for storage, reservation, interest and administration costs.
ART. 10: LIABILITY
- By using this website, the user declares that he does so at his own risk, and all responsibility in relation to the use of this website and the products offered rests with the user.
- Unless explicitly stated otherwise, Capsinol does not assume any responsibility for the effectiveness of the products offered, manufacturing defects, content of the leaflet texts, informative texts, descriptions of use and / or treatment methods and other textual descriptions in this website, nor any guarantees. be given about this.
- All warranties with respect to the products delivered by us rest with the manufacturer of the products in question.
- Furthermore, we are not liable for consequential or commercial damages, direct or indirect damages by any name, including loss of profits and interruption damages, suffered by the buyer, his subordinates and by him or employees by him or by third parties, caused due to (re) delivery of the merchandise, delayed or inadequate delivery or non-delivery of the merchandise or by the merchandise itself. In particular, we are not responsible for any damage arising due to the laws or regulations of the country (foreign) where the goods are delivered and / or the country (foreign) where the buyer lives or is established and / or the country (foreign) ) where the products are used deviates from the laws or regulations of the Netherlands.
- Subject to the provisions of article 9.1 of these general terms and conditions, the buyer has no right to return the merchandise for which there is no substantiated claim. However, if this occurs for no valid reason, all shipping and return costs will be borne by the buyer. In that case, we are free to store the merchandise at the buyer’s risk and expense.
ART. 11: SAFETY
- We have the right to require the buyer to provide security for the fulfillment of its obligations, especially after the conclusion of the contract. If the guarantee that we require is not provided, we can suspend the fulfillment of our obligations and / or dissolve the contract without judicial intervention, without prejudice to the rights that derive from common law.
ART. 12: FORCE MAJEURE
- It should be understood that force majeure means any circumstance beyond our control that is of such a nature that we cannot reasonably be expected to comply with the agreement (the so-called non-attributable breach).
- Force majeure also includes: war, riots and hostilities of any kind, blockade, boycott, strike, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, interruptions in our company or in the company of our suppliers , non-compliance by our suppliers with their obligations to us, import and export restrictions, obstacles caused by measures, laws or decisions of international, national or regional (governmental) authorities.
- If we are unable (in time) to comply with the agreement due to force majeure, we have the right to execute the agreement at a later time, or treat the agreement as dissolved, at our discretion.
- In the event of force majeure, the buyer cannot hold us liable for compensation.
ART. 13: DISSOLUTION
- The total or partial dissolution of the contract occurs through a written declaration of the person authorized to do so. Before the buyer sends us a written notice of termination, he must at all times give us written notice of the breach and allow us a reasonable period to continue to fulfill our obligations or remedy deficiencies, which the buyer must accurately report in writing. .
- The Buyer does not have the right to dissolve the contract in whole or in part or to suspend its obligations, if it was already in default with the fulfillment of its obligations.
- If we accept termination, without any default on our part, we are always entitled to compensation for all financial damages, such as costs (shipping, packaging, etc.), lost profits and reasonable costs to determine the damage and liability. In case of partial dissolution, the buyer cannot claim the revocation of the services already provided by us and we have full right to payment for the services already provided by us.
ART. 14: APPLICABLE LAW
- All quotes made by us and all agreements entered into by us are exclusively governed by Dutch law.
ART. 15: DISPUTE RESOLUTION
- The buyer can report complaints to us by email. [email protected] We will try to attend and resolve complaints as soon as possible.
ART. 16: PRIVACY
- Your personal data, as entered in the order form, will be stored carefully and discreetly by Capsinol.
- Personal data will always be specifically requested from you and we will only record it with your consent.
- If you ask us in writing to delete your data, this request will be honored.
- Registered data cannot be viewed by third parties without your consent and will not be disclosed to third parties without your consent, except in the event that: Capsinol has a legal obligation to do so or it is necessary to protect the rights of users of the Capsinol Services or the rights of Capsinol.
- The information you provide can be used to target marketing messages specifically for you.
Technical Adviesburo Soest
Chamber of Commerce: 64748286
VAT number: NL001972415B17