General Terms and conditions
Article 1 - Definitions
In these General Terms and Conditions, the following terms are defined:
- Consumer: the natural person who does not act in exercise of a profession or business and remotely concludes a Remote Agreement with 4H-TECH;
- Day: a calendar day;
- Right of withdrawal: the possibility a consumer has to cancel the remote agreement within the reconsideration period;
- Long-term data carrier: any means that allows the Consumer or 4H-TECH to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible;
- Remote Agreement: an agreement whereby, within the context of a sales system for the remote sale of items organized by 4H-TECH, up to the conclusion of the Agreement, exclusive use is made of one or more techniques for remote communication.
In these General Terms and Conditions, ‘remote agreement’ is referred to as ‘Agreement’;
- Technology for remote communication: resources that can be used for the conclusion of an Agreement, without the Consumer and the entrepreneur coming together in the same room simultaneously.
Article 2 – The entrepreneur’s identity
Name of company: Mathijssen Technics BV.
Trades under the name: 4H-TECH
The company is referred to in these General Terms and Conditions as ‘4H-TECH’.
General telephone number: +31 (0) 626-350140 Monday through Friday from 9:00 a.m. until 5:00 p.m.
E-mail: [email protected]
Chamber of Commerce number: 18047880
VAT identification number: NL812163540B01
Article 3 - Applicability
- These General Terms and Conditions are included in all offers made by 4H-TECH and apply to every Remote Agreement concluded between 4H-TECH and Consumer. 4H-TECH hereby explicitly rejects all other terms and agreements of the other party. All other agreements must be confirmed in writing by 4H-TECH.
- 4H-TECH retains the right to change amend these General Terms and Conditions unilaterally. The most recent version of these General Terms and Conditions shall always be available through the homepage of the website.
Article 4 – The offer
- The items offered at the webshop form an offer made to the Consumer on the basis of information provided at the webshop.
- If an offer has a limited term or is made subject to conditions, this will be stated explicitly in the offer.
- The offer contains a full and accurate description of the offered items. The description is suitably detailed to enable the Consumer to assess the offer adequately. If 4H-TECH makes use of visual material, these are faithful representations of the items offered. 4H-TECH cannot, however, guarantee that the color(s) of the items as shown at the webshop agree exactly with the actual color(s) of the items. How color is represented depends on the settings of the user’s computer. Obvious errors or mistakes in the offer are not binding to 4H-TECH.
- All offers contain such information such that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
- 4H-TECH’s contact details;
- the price, including and excluding taxes;
- delivery costs, if applicable;
- the way in which the Agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal is applicable;
- the form of payment, delivery or performance of the Agreement;
- the time frame for accepting the offer, or, as the case may be, the time frame within which 4H-TECH honors the price;
- if the Agreement is filed after conclusion, how the Consumer can consult it;
- the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the Agreement is concluded.
Article 5 – The Agreement
- Subject to the provision in paragraph 4 of this article, the Agreement becomes valid when the Consumer has accepted the offer and fulfilled the conditions stated.
- If the Consumer has accepted the offer electronically, 4H-TECH shall immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as this acceptance has not been confirmed, the Consumer shall be able to repudiate the Agreement.
- If the Agreement has been concluded electronically, 4H-TECH shall implement suitable technical and organizational measures to secure the electronic transfer of data and shall arrange for a secure web environment. If the Consumer pays electronically, 4H-TECH shall observe the suitable security measures.
- 4H-TECH shall be authorized – within the statutory framework – to gather information about the Consumer’s ability to fulfill his/her payment obligations, as well as all facts and factors relevant to concluding the Agreement. If, acting on the results of this investigation, 4H-TECH has good reason not to conclude the Agreement, it shall be entitled to refuse an order or application, while stating reasons, or to attach special terms to its performance.
- Along with the item, 4H-TECHshall send the Consumer the following information in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
- contact information so that the Consumer may get into contact with 4H-TECH with any complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- the information as stated in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided the Consumer with this information before the performance of the Agreement;
- the address to which items can be returned.
Article 6 – Right of withdrawal
- When purchasing items, the Consumer has the option of repudiating the Agreement without specifying any reasons for a period of 14 workdays after the delivery of the item to the Consumer. This period starts on the day the items are received by, or on behalf of, the Consumer, this date being recorded by the delivery service.
- During this period, the Consumer shall handle the items and packaging with care and shall only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the items and with all delivered accessories and in the original condition and packaging to 4H-TECH in conformity with 4H-TECH’s instructions stated at the webshop.
Article 7 – Costs in case of withdrawal
- Should the Consumer exercise the right of withdrawal, 4H-TECH will not pay him/her part of the costs for return shipment. The consumer shall pay full costs for return of the shipment.
- If the Consumer has already paid the purchase price for the item, 4H-TECH shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
- 4H-TECH can exclude the Consumer’s right of withdrawal only if 4H-TECH indicates this clearly in the offer or at least in good time before concluding the Agreement.
- Exclusion of the right of withdrawal is only possible for items:
- that were realized by 4H-TECH according to the Consumer’s specifications;
- that are obviously personal in nature;
- that cannot be returned due to their nature .
Article 9 – The price
- Subject to changes in price due to changes in VAT rates, the prices of the items shown on our website can be raised .
- The prices indicated in the offer exclude VAT.(21%)
Article 10 – Conformity and Guarantee
- 4H-TECH guarantees that the items comply with the Agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations that applied on the day the Agreement was concluded.
- 4H-TECH does not accept liability for defects which have arisen by wrong fitments of the purchased item. Neither does 4H-TECH accept liability for any damage cause by these failings.
Article 11 - Delivery and execution
- 4H-TECH shall exercise the best possible care when receiving and processing orders for the items.
- The place of delivery is at the address given by the Consumer to 4H-TECH. In compliance with DPD’s or PostNL’s terms and conditions, 4H-TECH can deliver items only within the countries shown at the check-out on our website. (most countries around the world)
- With due observation of the stipulations in Article 4 of these General Terms and Conditions, 4H-TECH shall make every effort to execute accepted orders within at least 20 days unless a longer delivery period was specified. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer should be informed of this within 20 days after he/she placed the order. In such cases, the Consumer is entitled to repudiate the Agreement, for the part of it that cannot be executed, free of charge.
- In the event of repudiation under the preceding paragraph, 4H-TECH shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
- If delivering an ordered item turns out to be impossible, 4H-TECH’s sole obligation shall be to deduct the costs of the item in question from the total costs or to refund these costs.
- Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with 4H-TECH until the time they are delivered to the Consumer.
Article 12 - Payment
- The Consumer should make payment to 4H-TECH according to the methods indicated in the ordering procedure at the webshop.
- 4H-TECH retains the right to accept only certain types of payment or to deny a transaction if address or creditworthiness checks reveal unacceptable results.
- Any amounts still owed by the Consumer after the delivery of the items should be paid by the Consumer within 14 days after the start of the reconsideration period as referred to in Article 6, paragraph 1.
- The Consumer has the duty to inform 4H-TECH promptly of possible inaccuracies in the payment details.
- In case of nonpayment on the part of the Consumer (resulting, for example, from reversal or other payment problems), and subject to legal restrictions, 4H-TECH is entitled to charge the Consumer reasonable administration costs.
Article 13 – Complaints procedure
- 4H-TECH shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
- After the Consumer has identified the defects, complete, clearly described complaints about the performance of the Agreement shall be submitted in writing (including communication by e-mail) to 4H-TECH as soon as possible, but within not more than 1 week after identifying the reason for the complaint.
- Before the Consumer can make use of his/her right of complaint, the Consumer must demonstrate, at the request of 4H-TECH, that the items and/or the Agreement relevant to the complaint were purchased/concluded with 4H-TECH through the webshop. For this purpose, the customer must have saved the sales receipt.
- Complaints submitted to 4H-TECH shall be replied to within a period of 7 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, 4H-TECH shall respond within 7 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.
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