General terms and conditions of Brink Industrial Hoogeveen
The terms and conditions for the metal and electronics industry, as recently filed by the association FME-CWM with the Clerk of the District Court of The Hague, are applicable to all offers and agreements concerning works and/or services supplied by us.
Art. I Definitions
In these terms the following definitions are applicable:
- Brink Industrial: the limited company Brink Industrial.
Established and trading in Hoogeveen, The Netherlands, with registered office in Hoogeveen, The Netherlands. Contact address:
7903 AB Hoogeveen
Brink Industrial is registered in the company register Groningen, CoC number: 04023574, VAT number: NL007218771B01.
- Consumer: the person who is not acting in the exercise of a trade or business.
- Non-consumer: the person who is acting in the exercise of a trade or business.
- Buyer: both consumer and non-consumer entering into an agreement at distance with Brink Industrial.
- Product: the article or articles which must be delivered to the buyer as a result of an agreement between Brink Industrial and the buyer, and for which the buyer must pay the agreed price.
- Lune products: the products which are produced by Brink Industrial and which carry the brand name Lune.
Art. II Applicability
1. These General terms and conditions are part of all offers, agreements and legal relations concerning deliveries and/or services of the online offers, and only the only offers, by Brink Industrial. The FME-CWM terms are applicable to all other offers. All provisions of these terms between parties are applicable, unless a deviation thereof has been agreed between parties, expressly and in writing.
2. Unless expressly agreed in writing, general terms of third parties are excluded.
Art. III Offer
1. Each offer made by Brink Industrial is without obligation.
2. If there is a case of an offer with limited validity in time, this will be expressly mentioned.
3. By sending the order through the internet, the buyer enters into a binding order for the goods indicated as being in your shopping trolley. Before the final sending of the order, the buyer has the opportunity to change the information or to cancel the order. After sending the order Brink Industrial sends the buyer a confirmation of the order, with the agreement and these general terms, which establishes a buying agreement between buyer and Brink Industrial.
4. All illustrations, photographs, drawings and measurements of the products to be delivered have been represented as accurately as possible on the website. Brink Industrial cannot be held responsible for mistakes/omissions in the representations and the consequences thereof. Representations on the website are for illustration purposes only, and no rights can be derived from them.
5. The photographs concerning the Lune products are the same for all dimensions and can therefore deviate from reality.
Art. IV Agreement
1. Before the agreement is established, these terms will be submitted to the buyer. The possibility will be offered to print these or to save these. If this is not possible within reason, the general terms will be available on demand on www.lune.eu or can be sent by electronic means.
2. The established agreement will be sent via e-mail, including the general terms. These documents can be saved or printed by the buyer in a simple way.
3. Verbal undertakings by and agreements with Brink Industrial are not binding for Brink Industrial unless after and in so far as these have been confirmed in writing by them.
Art. V Price and delivery costs
1. The prices quoted by Brink Industrial include value added tax and delivery costs (within the EU).
2. If one or more of the cost price factors are increased after the date on which the agreement was entered into, Brink Industrial is entitled to increase the agreed price accordingly. In such a case the buyer has the right to cancel the buying agreement.
3. For offers with an unlimited duration the prices will not be increased.
Art. VI Delivery
1. The delivery of the goods will be to the address which has been agreed between parties.
2. Brink Industrial will make every effort to deliver the goods to the buyer at the delivery address within 3 business days after the confirmation of the order by Brink Industrial, if the goods are in stock.
3. The delivery term provided in paragraph 2 is an indication and is not a final term. With the exception of intent or gross negligence, Brink Industrial cannot be held liable for any exceeding of the delivery term.
4. Delivery is done by effectively handing over of the products. The risks of damage to/loss of the products rest with Brink Industrial until the moment of delivery.
Art. VII Payment
1. Unless differently agreed, and if the buyer is a non-consumer, the payment of the price agreed will be done within 30 days after entering into the agreement by bank transfer to a bank account indicated by Brink Industrial and without deduction of discounts which were not authorised by us expressly and in writing.
2. If the buyer is a consumer, he/she will have to transfer the sum to be paid to a bank account indicated by Brink Industrial, without deduction of discounts which were not authorised by us expressly and in writing, before Brink Industrial will start delivering.
3. The consumer can pay the sum owed into ING Bank account number 67 67 65 203, account holder Brink Industrial Hoogeveen quoting the order number as reference.
4. If the buyer does not pay within the period agreed, he will deem to be legally in default, and Brink Industrial will have the right, without any notice, to charge him/her interest from the due date at a percentage of 3 percentage points above the legal interest valid in The Netherlands, and also all legal and extra-legal costs for the collection of his claim.
5. If Brink Industrial is forced to hand the claim to third parties for collection, which is deemed necessary within 14 days after the due date of the payment, the buyer must compensate Brink Industrial or the third party charged with the collection, for the costs incurred. Brink Industrial is entitled to hand over for collection any claims remaining outstanding 14 days after the due date. Buyer is liable for all costs incurred during and resulting from the collection procedure.
6. Brink Industrial has the right to make use of the services of a reputable third party: if the buyer defaults on the payment obligation and/or if the buyer defaults because of the supplying of incorrect information, Brink Industrial is entitled to hand over the claims to a collection agency, and hand over the personal data of the buyer required for the processing of the claim to this third party. In such case the payment will be deemed to have been made if this third party has the sum in accordance with the agreement in his possession without any restrictions.
Art. VIII Risk and ownership
1. Until payment of all claims to Brink Industrial the products remain the property of Brink Industrial. If the buyer is a non-consumer, Brink Industrial retains the ownership until all liabilities of the business relationship have been discharged.
2. Insofar as not all conditions have been met, the buyer must maintain the product in a good and orderly fashion.
3. If the products have been delivered, but not all liabilities have been discharged yet, the buyer may not hand over the products or make these available to third parties under whatever title or whatever name. This includes amongst other (partial) transfer of goods owned, collateral/pledge or possessory pledge.
4. If the buyer does not comply with the payment obligations, Brink Industrial reserves the right of reclaim. The reclaiming of the products will be done by a written statement, which shall annul the sale.
Art. IX Right of withdrawal
1. The buyer will be able to withdraw from or annul the buying transaction within at the most 14 days after delivery, as meant in Art. V, paragraph 4, without statement of reason. If the products are undamaged the buyer will be refunded the entire purchase amount. This will be repaid within 30 days after receipt of the products returned by the buyer.
2. The term does not start until the goods have arrived at the delivery address of the buyer.
3. Before the buyer returns the goods, he/she must inform Brink Industrial of the withdrawal per e-mail, letter or fax.
4. The statement of withdrawal of the goods as meant in paragraph 3, must be sent to Brink Industrial B.V., P.O. Box 2058, 7900 BB Hoogeveen or per fax to +31 528 26 24 45 of via e-mail to email@example.com
The statement must include name, bank account details and the order number.
5. Buyer must take care of the returning of the products. The costs will be for the account of the buyer if the product(s) is/are in accordance with the order, the costs exceed the amount of € 40,- or if the amount is higher and the buyer has not yet met the payment conditions at the time of the withdrawal. In all other cases the costs will be for the account of Brink Industrial.
6. Should the products arrive in a worse condition at Brink Industrial, the buyer must pay compensation for the loss of value. The compensation is not applicable if the loss of value is caused by testing of the product, such as the buyer could do in a shop. The buyer can avoid this duty of compensation by not treating the products as property and by refraining from any actions which could lessen the value of the goods.
Art. IX Warranty
1. Brink Industrial guarantees that the products comply with the agreement, the specifications included in the offer, the reasonable requirements of adequacy and/or usefulness and the legal provisions and/or government regulations in force at the time the agreement was entered into.
2. The products delivered by Brink Industrial are covered by a consumer guarantee for 2 years, whereby compensation for causes which can be qualified as ‘not normal use’ is excluded. Also, in the case of guarantee liability the consumer may request repair or replacement of the products. Brink Industrial reserves the right to refuse the choice of guarantee of the consumer if this can only be satisfied by costs which are not in proportion. Should it prove impossible to meet the guarantee liabilities, the consumer has the option to a lesser compensation or to annulment of the agreement.
3. For non-consumers a term of limitation of 6 months is valid.
4. The consumer must inform Brink Industrial of any possible faults within 2 months of these occurring in order to make a claim under the guarantee. The non-consumer must do so within one month.
5. Because of the current state of technology Brink Industrial cannot guarantee that the communication of information via internet is faultless and/or possible at all times. Brink Industrial is therefore not bound to guarantee that the online offers are continuously and uninterruptedly available.
6. The transfer of warranty claims to third parties is excluded.
Article X Liability limitations
1. The buyer is responsible for the use of the products. Brink Industrial is not liable for improper or incorrect use.
2. The liability of Brink Industrial is for the remainder in accordance with the legal provisions. Against persons in the exercise of a business or trade each liability is excluded, which is not based on seriously negligent behaviour of the obligations and/or deliberate negligent behaviour of the obligations of Brink Industrial, its legal representative and aides.
3. In so far as the buyer is a consumer and has his/her usual place of residence outside The Netherlands, the mandatory provisions for consumers of this country are not prejudiced.
4. The exclusions and limitations of liabilities in these general terms are without prejudice to the claims of the buyer on product liability.
5. Brink Industrial cannot be held liable for indirect/consequential damages.
Art. XII Personal data
The personal data of the buyer will of course be treated confidentially by Brink Industrial, and will not be transmitted to third parties not involved with the order, delivery and payment. The data is only used to process the orders, in accordance with the legal provisions, and will be stored with the utmost care. The data may also be used for internal marketing purposes. The buyer has the right to view, change or remove the data provided. When entering into the sales agreement Brink Industrial reserves the right to verify the data supplied by the buyer.
Art. XII Changes to terms and conditions
1. Brink Industrial reserves the right to make changes to the general terms without prior notification to any party. The new terms will be applicable to the agreement which is accepted by the buyer.
2. In case of differences in the text of these general terms caused by translation, the Dutch text prevails.
Art. XIII Applicable law
1. For all agreements on which these terms are fully or partially applicable, Dutch law is applicable with the exclusion of all others. The provisions of the UN sales rights are explicitly excluded.
2. If the buyer is of the opinion that there is a legal dispute, he/she will inform Brink Industrial of this in writing. Within one month after such notification Brink Industrial will make a proposal for resolution to the buyer in order to prevent a case appearing in court.
3. For legal disputes the District Court of Assen is exclusively competent.
Should you have any questions concerning these general terms and conditions, we will be happy to answer these:
Per post: Brink Industrial B.V.
P.O. Box 2058
7900 BB Hoogeveen