General terms and conditions
Van Ooy Billiard Supplies B.V. Located at: A. Hofmanweg 39 B, 2031 BH Haarlem, The Netherlands E-mail: sales@vanooy.com Telephone: +31 (0) 23 5340040 Chamber of Commerce: 74108506 VAT: NL859775185B01
1. Definitions
- Van Ooy Billiard Supplies: the user of these general terms and conditions.
- Customer: any natural or legal person who concludes an agreement with Van Ooy Billiard Supplies.
- Consumer: customer acting for purposes other than business or professional activity.
- Business customer: customer acting in the course of business or profession.
- Products: the goods delivered or to be delivered by Van Ooy Billiard Supplies.
- Agreement: any agreement between the parties, regardless of its form.
2. Applicability
- These general terms and conditions apply to all quotations, offers, orders, agreements, deliveries and work by or on behalf of Van Ooy Billiard Supplies.
- Deviations can only be made in writing.
- General terms and conditions of the customer are excluded.
3. Prices
3.1 Consumers
- Prices are in euros, including VAT, excluding shipping costs.
- Prices are subject to change before the conclusion of the agreement.
- In the event of a price increase after the conclusion of the agreement that does not follow from legislation, the consumer may dissolve the agreement.
3.2 Business customers
- Prices are visible after login in the business environment.
- All business prices are excluding VAT and excluding shipping and transport costs.
- Shipping costs are always calculated afterwards based on weight, volume and destination.
- Cost-increasing circumstances may be passed on.
4. Payment
- Van Ooy Billiard Supplies may require a down payment of up to 50%.
- Payment term is 7 days after invoice date, unless otherwise agreed.
- Payment terms are final; if exceeded, the customer is automatically in default.
- In case of late payment, delivery may be suspended or security may be demanded.
5. Consequences of late payment
- Consumer: statutory interest.
- Business customer: statutory commercial interest rate.
- Extrajudicial collection costs shall be borne by the customer.
- In the event of bankruptcy, suspension of payments or attachment, all claims shall be immediately due and payable.
- If the customer refuses to cooperate in delivery, the obligation to pay remains.
6. Retention of title
- Products remain the property of Van Ooy Billiard Supplies until paid for in full.
- Until ownership has passed, products may not be pledged, sold or encumbered.
- When invoking retention of title, Van Ooy Billiard Supplies may dissolve the agreement and claim damages.
7. Delivery and delivery time
- Delivery takes place while stocks last.
- Delivery shall be made to the address specified by the customer, unless otherwise agreed.
- Delivery times are indicative and not deadlines.
- In case of late payment, delivery shall be suspended.
8. Transport and packaging
- Transport costs shall be borne by the customer unless otherwise agreed.
- Visible transport damage must be reported and noted immediately on delivery.
- In case of self-arranged transport, Van Ooy Billiard Supplies is not liable for transport damage.
- Additional delivery of tables is calculated on the basis of time, kilometres and carrier.
Right of withdrawal (consumers)
- Consumers may cancel an online purchase within 14 days without reason.
- Thereafter, the consumer has 14 days to return the product.
- Product must be returned complete, undamaged and in original condition.
- Decrease in value when used may be charged.
- Exceptions to right of withdrawal:
- customised or adapted products
- hygienic products with broken seals
- assembled or used parts
- services fully performed with the consumer's consent
- Upon full return, purchase price and standard shipping costs will be returned.
- Return costs are to be borne by the consumer.
Business customers have no right of withdrawal.
Warranty
- Products meet normal requirements of soundness.
- Warranty does not apply to:
- normal wear and tear
- incorrect or improper use
- damage as a result of assembly or transport by the customer
- changes made by the customer
- Risk of damage or loss passes on actual delivery.
Liability
- Van Ooy Billiard Supplies shall only be liable in the event of intent or gross negligence.
- Liability is limited to direct damage and to a maximum of the invoice amount.
- Indirect damage (consequential damage, loss of profit, missed savings) is excluded.
- If insurance pays out, the insured sum is the maximum.
12. Complaints
- Customer checks products as soon as possible after receipt.
- Complaints must be reported within:
- 2 months (consumer)
- 14 days (business customer)
- Van Ooy Billiard Supplies will be given a reasonable time for repair or replacement.
13. Force majeure
- Force majeure shall exist in cases such as breakdowns, strikes, natural disasters, transport problems, government measures.
- Obligations are suspended during force majeure.
- If the force majeure lasts longer than 30 days, each party may dissolve the agreement without compensation.
14. Suspension and set-off
- Business customers may not suspend or set off obligations.
- Consumers retain legal rights for suspension and set-off.
15. Amendment of terms and conditions
- Van Ooy Billiard Supplies may amend these terms and conditions.
- In the event of substantial changes, the consumer may terminate the agreement.
16. Transfer of rights
- Rights of the customer cannot be transferred without the written consent of Van Ooy Billiard Supplies.
17. nullity
- If a provision is invalid, the remaining provisions shall remain valid.
- An invalid provision shall be replaced by a provision that is legally permissible and as close as possible to the original intention.
18. Applicable law and competent court
- All agreements shall be governed by Dutch law.
- Disputes shall be submitted to the competent court in the district where Van Ooy Billiard Supplies is located, unless mandatory law provides otherwise.