Terms and Conditions Consumer ELBO Bouwgereedschappen en Machines V.O.F., established in Kilder (Municipality of Montferland)
Clause 1. General and definitions
These conditions apply to the formation, the content and the performance of all agreements entered into between the purchaser and ELBO.
General (purchase) conditions of the purchaser or client only apply if it has been expressly agreed in writing that those shall apply to the agreement between the parties to the exclusion of the conditions of ELBO.
In these conditions, the term purchaser includes the client giving instruction to ELBO in respect of services to be rendered by ELBO, more specifically the repair of goods by ELBO and the supervision or starting of mortar works.
Clause 2. Delivery times
Stated and/or agreed delivery times are without obligation and are never (can never be considered to be) a strict deadline unless expressly agreed otherwise.
Exceeding a stated delivery term does not give the purchaser the right to cancel the agreement unless he has as yet given ELBO a reasonable term for the delivery in writing and ELBO has also not complied with its obligations within this term. In that event, ELBO is never liable for direct and/or indirect loss suffered by the purchaser and/or third parties.
Clause 3. Delivery and transport
Unless otherwise agreed, delivery is ex shop or warehouse.
All risks of the goods to be delivered by ELBO transfer to the purchaser the moment the goods are delivered.
The transport of the goods to be delivered by ELBO always takes place in a manner to be determined by ELBO and for the account of the purchaser, unless delivery carriage paid, including insurance, has been agreed.
Return shipments are always for the account of the purchaser, unless this has expressly been agreed otherwise. In this latter case, the purchaser must have the goods transported by a carrier indicated by ELBO.
Clause 4. Prices
All stated prices are exclusive of turnover tax (VAT) and other government-imposed levies, unless expressly stated otherwise.
The price stated by ELBO for the performance to be carried out by ELBO applies exclusively for the performance in accordance with the agreed specifications.
In the event of compound offers, there is no obligation to deliver a part of the total performance for the amount stated in respect of this part in the offer or for a proportional part of the price indicated for the whole.
Clause 5. Payment
Unless otherwise agreed, payment must be in advance.
Clause 6. Right of withdrawal
When purchasing goods, the customer has the option to dissolve the agreement without giving any reason within 14 days. The cooling-off period commences on the day following receipt of the product by the customer or a representative appointed by the customer and announced to ELBO.
During the cooling-off period, the buyer will handle the items and the packaging carefully. If the customer uses his right of withdrawal, he will return the goods with all accessories and - if reasonably possible - in the original condition and packaging to ELBO, in accordance with the instructions provided by ELBO. See also article 3.4 of these terms and conditions.
If the customer wishes to make use of his right of withdrawal, he is obliged to inform ELBO of this within 14 days after receipt of the product.
If the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the goods to ELBO after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Clause 7. Liability
ELBO’s liability pursuant to all agreements relating to all goods delivered and/or repaired or services rendered by ELBO is in all circumstances limited to the price for which the relevant good has been delivered and/or repaired or the service has been rendered.
Only damage to the goods themselves is eligible for compensation. Indirect consequential loss, due to loss of production or loss of profit for example as well as compensation for loss of third parties, is, insofar as Article 7:24, paragraph 2 of the Dutch Civil Code allows this, not eligible for reimbursement and is excluded.
ELBO’s liability is in any event always limited to the amount paid out by the insurer in the relevant case.
The purchaser is always obliged to make every effort to limit the loss.
The purchaser shall, insofar as permitted by law, indemnify ELBO against liability towards third parties which has arisen from and/or in conjunction with the performance of the agreement, irrespective of who or what caused or inflicted the loss.
Similarly, the purchaser shall, insofar as permitted by law, indemnify ELBO against liability towards third parties relating to a defect in the delivered products.
Clause 8. Conversion
If a provision in these general conditions or an agreement is void or cannot be applied for a different reason, this provision is automatically replaced (by operation of law) by a valid provision which corresponds as far as possible with the purport of the void provision. If required, the parties are obliged to enter into reasonable consultation on the wording of the new provision.
In this event, the other provisions of the general conditions of the agreement remain in full force as far as possible.
Clause 9. Applicable law and competency
Each legal relationship between ELBO and the other party is governed by Dutch law.
All disputes, apart from the disputes in respect of which the Sub-district Court has jurisdiction, in connection with and/or arising from these general conditions and/or agreements to which these conditions apply shall, to the exclusion of any other court, in the first instance be heard by the District Court of Gelderland, hearing location Zutphen.
ELBO nevertheless remains entitled to bring the claim to the court which would have jurisdiction according to the statutory rules.