1.1. These conditions shall apply to all offers, orders and/or agreements with all businesses, institutions and persons whom have contacted Verbeek-Schuttelaar via internet.
1.2. All orders will be carried out solely based upon the following conditions, unless Verbeek-Schuttelaar has agreed otherwise in written notice.
1.3. By placing an order with Verbeek-Schuttelaar via internet the customer agrees to adhere to these General Terms and Conditions.
1.4. If certain amendments have been made regarding an order as stated in point 2, these General Terms and Conditions remain effective for the remainder of the order. Under no circumstances can such amendments be applied to any future orders unless explicitly confirmed in writing by Verbeek-Schuttelaar.
2.1. Verbeek-Schuttelaar recognizes that your privacy is important. The information you submit will be kept confidential and secure once it reaches Verbeek-Schuttelaar. The information will be processed (by means of a computer database or otherwise) by Verbeek-Schuttelaar or on its behalf under strictly regulated conditions.
2.2. Upon ordering the following of your details are required: Name, postal address, postal code, city, telephone number, email address and e-invoice and shipment. All information provided to Verbeek-Schuttelaar will be held in the strictest confidence, and Verbeek-Schuttelaar has taken all such steps it deems reasonably necessary or appropriate to protect against improper or unauthorized access thereto. In no event will any such information provided be sold or otherwise used by Verbeek-Schuttelaar for any purpose other than as may be directly related to the conduct of business between Verbeek-Schuttelaar and such customer.
2.3. Any personal information provided by you to Verbeek-Schuttelaar through your registration with and use of this website will only be used for the following purpose, by Verbeek-Schuttelaar: handling orders, delivering products and services, processing payments, communicating with you about orders, products and services and generally maintaining your account.
2.4. From time to time Verbeek-Schuttelaar may wish to send you details by post or email about Verbeek-Schuttelaar products and activities. If you don't appreciate to receive such information, you can notify Verbeek-Schuttelaar via reply-email, after which Verbeek-Schuttelaar will not inform you via future mailings.
2.5. Verbeek-Schuttelaar will take reasonable steps to create an accurate record of any personal data you have submitted through the website. However, Verbeek-Schuttelaar does not assume responsibility for confirming the ongoing accuracy of your personal data. You can change your personal data by making amendments in the "My Profile" section of the website.
3. Acceptance of orders
3.1. All offers of Verbeek-Schuttelaar via internet shall be without engagement and shall consequently only be deemed to be an invitation to place an order.
3.2. an agreement shall only be effected if Verbeek-Schuttelaar has confirmed this agreement in writing. The term 'in writing' as used in the previous sentence shall be understood to include: e-mail, and/or other electronic means of communication in general use.
3.3. Orders submitted may be cancelled only by written notice received by Verbeek-Schuttelaar prior to shipment. All orders become final upon shipment of the merchandise ordered.
3.4. All offers of Verbeek-Schuttelaar are non-committal. Offers are subject to availability of the item. If an item is unexpectedly no longer available, Verbeek-Schuttelaar will contact the customer via email and will offer an alternative where possible.
3.5. No order which has been excepted by Verbeek-Schuttelaar may be cancelled by the customer except with the agreement in writing of Verbeek-Schuttelaar and on the terms that the customer indemnify Verbeek-Schuttelaar in full against loss (including loss of profit), costs of the goods, damages, charges and expenses incurred by Verbeek-Schuttelaar as a result of cancellation.
4.1. The following supply and payment conditions apply on all orders. All prices are stated in Euros, inclusive of VAT and shipping costs unless stated differently in the information regarding the product(s) ordered. VAT is not split up due to use of margin scheme. Customers will be responsible for all international custom, duty and tax charges.
4.2. In connection with any agreement with a total value of less than 2.500 euro's including VAT, Verbeek-Schuttelaar shall reserve the right to charge administration, handling and/or packing costs.
4.3. Verbeek-Schuttelaar reserves the right to modify prices and possible typing errors without prior notice. Should your order be disadvantaged because of this, Verbeek-Schuttelaar will contact you via email and you will have the right to cancel your order free of charge.
4.4. The customer should check the invoice and inform Verbeek-Schuttelaar of any disputed prices within 3 business-days of receipt.
5. Terms of payment
5.1. E-invoices of Verbeek-Schuttelaar shall be paid in full by customer at the latest within 14 days from invoice date. Payments shall be made without any set-off, discount and/or suspension. Payments shall be made via bank transfer to our bank-account in Europe or the U.S.A.
5.2. Supply of the items ordered will only take place after such payment has been received by Verbeek-Schuttelaar.
5.3. In the event that customer fails to pay an amount due on the due date of the invoice concerned, interest of 1 per cent per month shall be payable on the outstanding amount by customer – without any further notice of default being required. Should customer fail to settle the claim after notice of default, customer shall be liable to pay in full extrajudicial (collection) costs in addition to the total amount then due.
5.4. In the event that customer fails to pay an amount due on the due date of the invoice concerned, Verbeek-Schuttelaar shall also be entitled (without prejudice to its other rights) to suspend the execution of any agreement and Verbeek-Schuttelaar shall be entitled to charge customer with the costs which may have been incurred in this connection.
6.1. Verbeek-Schuttelaar ensures delivery by means of a carrier of his own choice. Any other shipping method, will only be effected after mutual agreement between the customer and Verbeek-Schuttelaar. When 4.2. applies customers can be responsible for all handling and shipping charges including international custom, duty and tax charges. Costs can be charged separately of the goods ordered.
6.2. Any mentioned delivery periods are considered as an indication and not as an exact period. Verbeek-Schuttelaar cannot be held responsible for any damages as a result of delayed delivery terms.
6.3. Verbeek-Schuttelaar shall be entitled to cancel or suspend if Verbeek-Schuttelaar is delayed, hindered or prevented from making delivery to the customer of the items by any computer problem including force majeure. In these circumstances Verbeek-Schuttelaar shall not be liable to the customer for any losses incurred by the customer howsoever arising. Where Verbeek-Schuttelaar is prevented from delivery the items, the customer shall be entitled to cancel the order and the customer shall be refunded any monies paid by it to Verbeek-Schuttelaar in respect of the order which has been cancelled.
7.1. As soon as goods come within customer's actual power to dispose them or within the actual power to do so of an auxiliary person used by customer, including the moment of delivery by or on behalf of Verbeek-Schuttelaar, the goods delivered shall be for customer's risk.
7.2. When the customer accepts an invoice for the items ordered, but requests that Verbeek-Schuttelaar stores them, then they shall be stored at the customer's risk and cost.
8. Returns and refunds
8.1. Items can be returned to Verbeek-Schuttelaar without statement of reason within 7 days of reception.
8.2. Freight charges for returned products are at the sole cost of the customer unless the product does not meet the standards as indicated in these General Terms and Conditions.
8.3. If upon delivery, the packaging is damaged, or if the item supplied does not correspond to the item ordered, the customer should contact Verbeek-Schuttelaar immediately. Any other queries or complaints should also be addressed to via email. Verbeek-Schuttelaar guarantees a response time of 5 working days.
8.4. Verbeek-Schuttelaar shall only accept items returned if and insofar as customer has been permitted to do so by Verbeek-Schuttelaar. In this event customer shall return the items to Verbeek-Schuttelaar for customer's account and risk, unless agreed otherwise in writing between Verbeek-Schuttelaar and customer.
8.5. Customer shall not be entitled to make any claims relating to items which have been processed, treated or adapted by customer in full or in part, or of which control is no longer possible for whatever reason.
8.6. In no event will Verbeek-Schuttelaar be obligated to accept the exchange of merchandise that has been damaged through the customer's actions or omissions. Damage occurring during return shipment will be the responsibility of the customer.
9.1. Verbeek-Schuttelaar guarantees that the items provided meet their descriptions on the website, which include (i) the nature, origin and the period in which the item was created, (ii) the modifications and repairs it may have undergone, and a lack of authenticity of the object.
9.2. Verbeek-Schuttelaar shall be liable under the warranty mentioned in 9.1. only if written notice is given to Verbeek-Schuttelaar immediately upon discovery of an alleged deviation, such written notice to be given where the deviation is readily discernible upon inspection, not later than 7 days after dispatch of the items or, where the deviation is not readily discernible, upon inspection not later than 30 days after the date of dispatch of the items. Notwithstanding the foregoing, the items must be inspected on delivery.
9.3. In no event will this warranty cover the exchange of merchandise that has been damaged due to carelessness and intentional damage. Should a product be damaged or faulty, please inform Verbeek-Schuttelaar by email within 7 days of receipt.
9.4. Besides the information as specified online, normal and usual tolerances apply with respect to all items offered. Images shown on the website only give a good impression of the item offered, but there can be small deviation, which applies particularly to nuances in the stated color of products. Small deviations of the descriptions and/or images do not dismiss the customer of its obligations from this agreement.
9.5. Verbeek-Schuttelaar holds no responsibility or liability for any damage caused differently than by its own actions or serious blame which should be proved by the customer and is only to a maximum of the value of the works or delivery, or a proportional part of it.
9.6. The customer is obliged to safeguard Verbeek-Schuttelaar and indemnify Verbeek-Schuttelaar of all damage claims of third parties which may be a result of the agreement with Verbeek-Schuttelaar.
10.1. The ownership of the goods delivered shall not be transferred to customer until payment in full has been made by customer pursuant to the agreement. As long as goods are still owned by Verbeek-Schuttelaar, (i) customer shall never be entitled to sell, process, treat, adapt, encumber, pledge (undisclosed or otherwise) and/or hire goods and/or make them available in any other manner, and (ii) customer shall be obliged to store or have other store goods with due care and as the recognizable property of Verbeek-Schuttelaar. Verbeek-Schuttelaar shall at all times be entitled to collect these goods again, wherever they may be.
11. Force majeure
11.1 Verbeek-Schuttelaar shall be entitled to cancel or delay delivery if it is delayed or hindered in or prevented from delivering through any circumstances beyond its reasonable control, including but not limited to strike, accident, fire, flood, act of God, or breakdown of plant or machinery.
12.1. Verbeek-Schuttelaar's rights and remedies shall not be prejudiced by any indulgence or forbearance to the customer and no waiver by Verbeek-Schuttelaar of any breach by the customer shall operate as a waiver of any subsequent breach.
13. Governing law and choice of forum
13.1. These General Terms and Conditions, offers and agreements and/or the execution thereof shall be governed by Dutch law.
13.2. Any disputes arising from and/or relating to the General Terms and Conditions, offers and agreements and/or the execution thereof, shall exclusively be submitted to the judgment of a Dutch competent judge, unless Verbeek-Schuttelaar and customer agree to refer to mediation, a binding opinion or arbitration.
14. Final provisions
14.1. In all cases not foreseen in these General Terms and Conditions, the decision rests exclusively with Verbeek-Schuttelaar.