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These are the general terms and conditions of Ed Smart Parts, with regards to www.edsmartparts.nl, established at Maartenskreek 11, 4797 EM Willemstad, The Netherlands. The CoC number of Ed Smart Parts is 66059836
Article 1 Applicability
These general terms and conditions apply to all Ed Smart Parts offers and to all agreements that Ed Smart Parts concludes with the customer, including remote agreements. This applies to both business customers and private customers (consumers). The customer of Ed Smart Parts is hereafter referred to as 'the customer'.
2. Ed Smart Parts presents these general terms and conditions or the conclusion of an agreement to the customer. If the agreement with Ed Smart Parts is established electronically, Ed Smart Parts will make its general terms and conditions available to the customer in such a way that they can be stored by him and be accessible to him for later access. The Ed Smart Parts general terms and conditions can also be accessed via the website of Ed Smart Parts, www. www.edsmartparts.nl At the customer's request, Ed Smart Parts will also send its general terms and conditions electronically or otherwise to the customer.
3. By placing an order with Ed Smart Parts the customer acknowledges to be familiar with the contents of these general conditions and to be in agreement with them.
4. Ed Smart Parts explicitly rejects the applicability of general terms and conditions of the customer.
5. If an article of these general terms and conditions is void or voidable then the relevant article will be replaced by an article that is as close as possible to the original article. The remaining articles of these general terms and conditions then remain in full force. Deviations from these general terms and conditions bind Ed Smart Parts only if they are explicitly recorded in writing.
Article 2 Offers
1. Any offer from Ed Smart Parts in any form whatsoever is made without obligation and does not bind it, unless Ed Smart Parts has set a term for acceptance in the offer. Provided that the customer does not accept the offer of Ed Smart Parts in such a case, the offer of Ed Smart Parts expires immediately and automatically after the expiry of the relevant term.
2. Verbal promises connect Ed Smart Parts only after they have been confirmed explicitly and in writing by Ed Smart Parts to the customer.
3. Every offer from Ed Smart Parts contains as complete and accurate a description as possible of the offered products and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer. If Ed Smart Parts uses images, then it strives to provide a truthful representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind Ed Smart Parts.
4. A composite offer does not oblige Ed Smart Parts to perform part of the assignment against a corresponding part of the stated price.
5. An offer from Ed Smart Parts does not automatically apply to future agreements.
6. If a customer has accepted the offer from Ed Smart Parts - for example by placing an order - Ed Smart Parts will provide the customer with an order confirmation. If a consumer has accepted an offer from Ed Smart Parts electronically, Ed Smart Parts will immediately confirm receipt of the acceptance of the offer electronically.
Article 3 Prices
1. The prices quoted by Ed Smart Parts on its website or in another manner include VAT, unless expressly provided otherwise.
2. The prices quoted by Ed Smart Parts on its website or in any other way are exclusive of shipping costs, transport costs, delivery costs and deposit, unless expressly provided otherwise. The costs for preparing, checking, transporting and delivering the order from the customer are therefore added to the price of the order and are due by the customer. These costs will vary, depending on the country you are ordering from. The delivery costs are mentioned by Ed Smart Parts in the ordering process. If these costs later prove to be higher than the customer also owes the increase to Ed Smart Parts and Ed Smart Parts is entitled to charge the increase to the customer.
3. The prices quoted by Ed Smart Parts are in Euros.
4. Prices are not increased within the duration of the offer, unless legal measures make this necessary. 5. All prices quoted by Ed Smart Parts are subject to printing and typing errors.
6. Ed Smart Parts is not liable for the consequences of such errors.
Article 4 Delivery time
1. The delivery time is estimated by Ed Smart Parts as accurately as possible, but can only be regarded as an estimate and never as a fatal term.
2. In the case of distance selling, the customer agrees that the delivery by Ed Smart Parts will take place within thirty days after placement. Ed Smart Parts strives to deliver as soon as possible.
3. If Ed Smart Parts does not have the goods or items ordered by the customer in stock, Ed Smart Parts will only be entitled to deliver when the goods or items in question are / are in stock. In that case, Ed Smart Parts will inform the customer.
4. If the goods or items ordered by the customer are no longer available at all, Ed Smart Parts has the right to deliver a different goods / items of equal quality and price to the customer. In that case, Ed Smart Parts will inform the customer.
5. Ed Smart Parts is entitled to inform itself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of a contract (at a distance) with the customer. If Ed Smart Parts on the basis of this research has good reasons not to enter into the agreement, Ed Smart Parts is entitled to refuse an order or request, or to attach special conditions to the execution.
6. The customer is not entitled to any compensation in any form whatsoever, if the delivery time estimated by Ed Smart Parts is exceeded, unless expressly agreed, or if the excess is the direct and immediate consequence of gross negligence or gross carelessness of Ed Smart Parts.
Article 5 Delivery
1. Ed Smart Parts delivers the goods and accessories ordered to her (hereafter always together: 'the goods') to the customer.
2. If parties have explicitly agreed in writing a different method of delivery than ex warehouse, Ed Smart Parts is free to determine the manner of transport of the goods and the means of transport for transport to the customer. Ed Smart Parts is therefore free to engage a third party for the transport of the goods and the delivery to the customer.
3. If during transport at the risk of Ed Smart Parts damage and / or defects, which on arrival of the goods can be detected, the customer not directly on the consignment note, delivery note or a similar document to be returned, Ed Smart Parts is not liable for this.
4. The customer is obliged to take delivery of the goods at the time when they are delivered to him, or at the time when they are made available or delivered to him.
5. From the moment of delivery, the item is at the expense and risk of the customer.
6. If the customer refuses to accept the goods or fails to provide information or instructions that are necessary for delivery, the goods will be stored by Ed Smart Parts at the expense and risk of the customer. In that case, the customer owes the resulting transport costs, storage costs and any other costs directly to Ed Smart Parts.
7. Parts delivered by Ed Smart Parts to a business customer, of which it subsequently appears that they are not required, can be accepted by the business customer up to 10 days after delivery at the latest.
8. Ed Smart Parts are returned. Ed Smart Parts charges the business customer a fee of 20% of the purchase price, with a minimum of € 25, -. Parts that have been specially disassembled for the business customer can not be returned.
Article 6 Inspection and advertising
1. Every customer of Ed Smart Parts is obliged to examine the delivered goods upon delivery for accuracy of the order, quantity and defects.
2. Minor deviations that can not be avoided in the trade can not constitute grounds for complaints.
3. Visible defects or shortages must be reported in writing to Ed Smart Parts by a business customer within 8 working days after delivery.
4. Non-visible defects or shortages must be reported in writing to Ed Smart Parts by a business customer within no more than 8 working days after discovery, or within no more than 8 working days after they could reasonably have been discovered.
5. A private customer (consumer) must report both visible and invisible defects or defects to Ed Smart Parts within a period of 1 month after discovery of the defect.
6. No claims can be made in respect of defects or shortages that are only discovered after one year after delivery (or afterwards).
7. If the customer has not complained about a defect or shortcoming within the period specified in paragraph 3 (for business customers), 4 (for business customers), 5 (for private customers) or 6 (for all customers). , the customer is no longer entitled to repair, replacement or compensation and the customer must pay the costs incurred by Ed Smart Parts, insofar as these are reasonable.
8. If it is certain that a case is defective and in that case it is timely filed, Ed Smart Parts will replace the defective item within a reasonable period of time at the choice of the customer or arrange for repair of the defect. In case of replacement of the case, the customer is obliged to return the goods to be replaced in the original packaging to Ed Smart Parts if reasonably possible. The costs are for the account of the customer, unless explicitly agreed otherwise in writing.
9. The customer can not rely on a defect in the performance of Ed Smart Parts if he has assembled or processed the goods purchased from Ed Smart Parts.
10. Even if the customer complains in time, his obligation to fully pay the invoice amount and to purchase the ordered items remains. If the customer can make a claim against Ed Smart Parts then that does not entitle the customer to suspend his payment to Ed Smart Parts.
Article 7 Liability
1. Ed Smart Parts is not liable for damage, of whatever nature, caused by the fact that it is based on inaccurate and / or incomplete information supplied by or on behalf of the customer.
2. Except for intent or gross negligence by Ed Smart Parts or one of its managers, Ed Smart Parts is only liable for direct damage and its liability is limited to the amount that is paid out by its liability insurer, to be increased by the deductible. If for whatever reason no payment is made by the insurer of Ed Smart Parts, the liability of Ed Smart Parts is limited to a maximum of the amount invoiced by Ed Smart Parts to the relevant customer.
3. In no case shall Ed Smart Parts be liable for business, consequential and / or indirect damage, including but not limited to loss of profits and turnover, missed returns and immaterial damage. Ed Smart Parts is also not liable for damage that can be attributed to acts or omissions of the customer or a third party engaged by the customer.
4. All rights of claim and other powers (for whatever reason) that the customer has against Ed Smart Parts must, under penalty of expiry within one year and one day after the moment at which they arise or the customer became known or reasonably known could have been involved in writing by Ed Smart Parts.
5. The customer indemnifies Ed Smart Parts for any claims by third parties that suffer damage in connection with the execution of the agreement, unless (and insofar as) the damage is solely the result of intent or gross negligence of Ed Smart Parts or its supervisors .
Article 8 Retention of title
1. Notwithstanding the provisions of article 5 paragraph 6 of these general conditions, Ed Smart Parts reserves the ownership of all products delivered to the customer until the purchase price for all these products has been paid in full, including any interest and costs due. The reserved property also applies to claims that Ed Smart Parts may acquire against the customer due to the customer's failure to comply with one or more of his obligations towards Ed Smart Parts under the agreement or such agreements between the parties.
2. If and as long as there is a retention of title on the products, the customer is not permitted to alienate these products or to establish any limited right thereon, other than in the (possible) normal exercise of his business.
3. The customer has a duty of care with regard to the products subject to retention of title and must insure and keep them insured against the usual risks, including in any case a home contents insurance policy that covers risks such as fire, theft, explosion and water damage.
4. If the customer fails to fulfill his obligations under any agreement concluded with Ed Smart Parts, or if Ed Smart Parts has good grounds to fear that the customer will fail in the fulfillment of his obligations from any of Ed Smart Parts closed agreement, Ed Smart Parts is at all times entitled to take back the products delivered to the customer, to have them removed and to store them elsewhere. In particular - but not exclusively - this right exists if (I) the customer has applied for suspension of payment or bankruptcy, (II) the bankruptcy of the customer is / has been requested or (III) the customer has a payment arrangement with one or more creditors . In case Ed Smart Parts wishes to exercise its rights of ownership as referred to in this article, the customer now gives unconditional and irrevocable consent to Ed Smart Parts, or a third party to be designated by it, to enter all those places where these products owned by Ed Smart Parts and take back those products.
5. All costs relating to the exercise of the retention of title, including the costs of transport and storage, will be borne by the customer.
6. In case Ed Smart Parts has exercised its retention of title, Ed Smart Parts is entitled at all times, but not obliged, to sell the products to a third party, and the customer will be credited by Ed Smart Parts for the
7. Ed Smart Parts determine the value of the products in the course of trade, or the net sales value, which amount of both is the lowest, minus all costs incurred for the return, without prejudice to the right of Ed Smart Parts to compensation of the damage resulting from the shortcoming of the customer for Ed Smart Parts.
Article 9 Payment
1. If the customer places an oral or written order with Ed Smart Parts, this creates a payment obligation for the customer. This also applies to orders that are made via the internet at Ed Smart Parts.
2. Payment by the customer must take place within the payment term agreed between Ed Smart Parts and the customer. If no other payment term has been agreed, then a payment term of 14 days after the invoice date, being the due date. In case of late payment the customer is legally in default.
3. If the consumer does not pay within this 14-day period, the consumer will also owe the statutory interest on the amount owed. Ed Smart Parts can then charge extrajudicial collection costs to the consumer. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Ed Smart Parts may deviate in your favor from the aforementioned amounts and percentages.
4. If the customer does not pay in time Ed Smart Parts will give the customer 14 days the time to still pay by means of a summons. If full payment is still outstanding after that, the customer also owes extrajudicial collection costs.
5. Ed Smart Parts is entitled to use the payments received first to pay the expired interest and extrajudicial collection costs, before proceeding with the payment of the principal sum.
6. If the customer is behind with regard to part of his payments, the entire amount due to Ed Smart Parts will become immediately due and payable. This also applies to the invoices that have not yet expired at that time.
7. If in the opinion of Ed Smart Parts there are reasons for this, then it is at all times entitled to claim that the customer pays (a part) in advance or provides proper security for payment. In the absence thereof, Ed Smart Parts has the right to suspend the delivery or to dissolve the agreement and to claim compensation. The purchase price of what has already been delivered to the customer by Ed Smart Parts will then be immediately due and payable. In the case of consumer purchase, Ed Smart Parts will not demand prepayment of more than 50% of the purchase price.
8. What the customer owes to Ed Smart Parts becomes fully and immediately due if the customer (I) threatens to obtain or obtains a suspension of payments, (II) threatens to go bankrupt or goes bankrupt or (III) threatens to be admitted until debt repayment or is permitted to do so.
9. If the customer does not pay on time then Ed Smart Parts is entitled to suspend further deliveries to that customer without prior notice. The purchase price of the delivered goods will also be immediately and fully due in this case.
10. A business customer is not entitled to set off any amount with what has to be paid to Ed Smart Parts and / or to appeal to suspension.
11. Deposit and shipping costs must at all times be paid by the customer to Ed Smart Parts.
Article 10 Intellectual property rights
All intellectual and industrial property rights on all goods delivered to the customer are exclusively held by Ed Smart Parts or its licensors or suppliers. The customer is not permitted to copy these items or to otherwise infringe the intellectual property rights of Ed Smart Parts or its licensors or suppliers.
Article 11 Privacy
1. The information provided by the customer is included in the customer file of Ed Smart Parts. This file also includes the data that are necessary for the processing of orders, such as order and payment details.
2. Ed Smart Parts complies with the obligations arising from the Personal Data Protection Act. Ed Smart Parts will provide appropriate technical and organizational measures to protect personal data against loss or against any form of unlawful processing.
Article 12 Guarantee
The goods delivered by Ed Smart Parts must comply with the agreement. Ed Smart Parts does not provide any further guarantee.
Article 13 Disputes
1. Dutch law is exclusively applicable to all legal relationships between Ed Smart Parts and the customer.
2. The applicability of the Vienna Sales Convention is explicitly excluded.
3. All disputes in respect of or arising from or in connection with a by
4. Ed Smart Parts concluded agreement or offer, quotation, order confirmation, delivery of products and / or services and invoices from Ed Smart Parts are submitted exclusively to the competent court of the Gelderland District Court, location Arnhem.
5. If the customer is a consumer, in addition to the aforementioned articles also the following provision numbered article 14. The following provision (article 14) does not explicitly apply to a business customer.
Article 14 Right of withdrawal for distance selling
1. When buying a product remotely, the consumer has the option to terminate the contract without giving any reason during a cooling-off period of 14 calendar days. This cooling-off period commences on the day after the consumer has received the product. After the expiry of the cooling-off period, the consumer loses his right of withdrawal.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
3. If the consumer has used the product for more than is necessary to assess whether he actually wants to keep the product, the consumer is liable for the depreciation. Ed Smart Parts is then entitled to compensation if the consumer returns the product used.
4. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period referred to in paragraph 1 of this article by means of the model withdrawal form or in an unambiguous manner to Ed Smart Parts. The model form for withdrawal by a consumer is included under these general terms and conditions.
5. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 4 of this article, the consumer shall return the product to Ed Smart Parts.
6. The consumer returns the product with all accessories, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Ed Smart Parts.
7. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8. The consumer will receive the total amount (including transport costs) that he / she has paid to Ed Smart Parts within 14 days after the day of dissolution.
9. Refunds are made via the same payment method with which the consumer has made the transaction.
10. If the consumer has paid an amount to Ed Smart Parts and Ed Smart Parts has received this amount, Ed Smart Parts will refund this amount to the consumer within 14 days following the day on which the consumer has notified the revocation to Ed Smart Parts. . Ed Smart Parts is entitled to only refund the aforementioned amount to the consumer until Ed Smart Parts has received the product back or if the consumer can demonstrate that he / she has returned the product.
11. Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person, are expressly excluded by Ed Smart Parts from the right of withdrawal. . With regard to such products (customization), the consumer therefore does not have a right of withdrawal.
Annex I: Model form for withdrawal
Model form for cancellation
(only fill in this form and return it when you want to cancel the contract)
[name of entrepreneur]
[geographic address entrepreneur]
[facsimile number entrepreneur, if available]
[e-mail address or electronic address of entrepreneur]
I / We * share / share * hereby inform you that I / we * our agreement concerning the sale of the following products: [product designation] *
the delivery of the following digital content: [indication of digital content] *
the performance of the following service: [service designation] *,
revoke / revoke *
Ordered on * / received on * [date order with services or receipt with products]
- [Consumers name (s)] - [Consumer address (s)]
- [Signature consumer (s)] (only when this form is submitted on paper) * Delete what is not applicable or fill in what is applicable.