General Terms and Conditions of Home of Concrete
Trade name Home of Concrete, located at Blankenstein 260 in Meppel, registered under Chamber of Commerce number 75948591 (hereinafter referred to as: Home of Concrete)
1.1 These general terms and conditions apply to every offer from Home of Concrete and to every agreement concluded between Home of Concrete and the consumer. The conditions are accessible to everyone and included on the website of Home of Concrete. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Home of Concrete reserves the right to change its delivery and / or payment conditions after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Home of Concrete.
1.4 Home of Concrete guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling, Home of Concrete will execute orders at least within 30 days, unless a different delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer will receive within 1 month after placing the order, he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Home of Concrete will be met, subject to proof to the contrary, as soon as the goods delivered by Home of Concrete have been offered to the customer once. In case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros.
4. Review period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered goods have been delivered. Before returning, the customer is obliged to report this in writing to Home of Concrete within the period of 14 working days after receipt. If the customer has not reported to make use of the statutory right of return within the trial period of 14 days after receipt, the purchase is a fact. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of postal delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, Home of Concrete reserves the right to charge depreciation. With due observance of the provisions in the previous sentence, Home of Concrete will ensure that the contents of the return shipment are explicitly stated on the proof of return within 14 days after receipt of the return or 14 days after proof of return. refund. When the entire purchase is returned, the full purchase amount including any calculated shipping and / or payment costs will be refunded to the customer. When returning only part of the received purchases, only the purchase value of the returned goods will be refunded. Additional costs due to a more expensive shipping method than the cheapest standard delivery will never be refunded. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:> service contracts, after full performance of the service, and only if the performance has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the contract; > goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence and which can occur within the withdrawal period> goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character have> products whose shelf life has expired within the 14-day cooling-off period (decay), including open carbide packaging and affiliated products. > sealed products that are unsuitable for health or hygiene reasons to be returned and where the seal has been broken after delivery> sealed audio / video or software carriers where the seal has been broken> for goods or services that by their nature cannot be returned, for example because of hygiene or that can spoil or age quickly.
5. Data management
5.2 Home of Concrete respects the privacy of the users of the internet site and ensures confidentiality of your personal data. 5.3 Home of Concrete uses a mailing list with product-relevant offers. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur under the law and / or the distance contract.
6.3 If it appears that the delivered item is wrong, defective or incomplete, then the customer (before returning to Home of Concrete) must report these defects in writing to Home of Concrete within 2 months after discovery of the defect. Return of the goods must be in the original packaging (including accessories and associated documentation). Commissioning after the discovery of a defect, damage arising after the detection of a defect, encumbrance and / or resale after the detection of a defect, will invalidate this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by Home of Concrete, Home of Concrete will repair or replace the delivered goods at the choice of the consumer free of charge. Any liability of Home of Concrete in the event of damage is limited to a maximum of the invoice amount of the relevant goods, or (at the choice of Home of Concrete, to the maximum in the relevant case covered by the liability insurance of Home of Concrete. Concrete for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage due to loss of profit.
6.5 Home of Concrete is not liable for damage caused intentionally or equivalent deliberate recklessness on the part of its customers or non-management personnel. 6.6 This warranty does not apply if: A) and as long as the customer is in default towards Home of Concrete; B) the customer has parried and / or processed the delivered goods or has them repaired or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated in violation of Home of Concrete's instructions and / or instructions on the packaging;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Home of Concrete reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Oral commitments only bind Home of Concrete after they have been explicitly confirmed in writing.
7.4 Offers from Home of Concrete do not automatically apply to repeat orders.
7.5 Home of Concrete cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only effective if agreed in writing.
8.1 An agreement between Home of Concrete and a customer is concluded after an order assignment by Home of Concrete has been assessed on feasibility.
8.2 Home of Concrete reserves the right, without giving reasons, not to accept orders or orders or only to accept them on condition that the shipment is made by cash on delivery or after payment in advance.
9. Pictures and specifications
9.1 All images; photos, drawings, etc .; information about weights, dimensions, colors, images of labels, etc. on the website of Home of Concrete are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force of the majority
10.1 Home of Concrete is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of Home of Concrete as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Home of Concrete reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Home of Concrete obliged to pay any fine or compensation.
10.4 If Home of Concrete has already partially fulfilled its obligations upon commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Home of Concrete is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and / or consult our website before use.
11.2 Home of Concrete is not responsible for damage to persons, animals, buildings, garden and green spaces, public and / or public objects as well as other means when using one or more of the products, services or descriptions sold in our webshop or physical store. .
11.3 The use of our products and services is 100% at your own risk. Home of Concrete emphasizes that the use of Carbid must comply with the legislation applicable within the geographical location within which the product (s) are used.
11.4 Users of Home of Concrete products must at all times comply with national and international laws and regulations. Home of Concrete is never responsible for violating local, national and international laws and regulations by users of Home of Concrete products and services.
11.5 In the event of incorrect use of the products sold by Home of Concrete, the consumer or company is responsible for the consequences and possible damage.
11.6 Home of Concrete always wants to contribute to an animal-friendly solution with regard to pest control. However, it is possible that pests are killed by (excessive) use of our pesticides. The risk and the consequences of this lie entirely with the user and never with Home of Concrete. Carbid or similar pesticides, in large quantities, can exterminate animals and vermin. In all times, ensure that pets and people and animals stay at least 5 meters away from such products, in order to limit and where possible prevent damage, illness and death risk to animals.
11.7 Consumers and business customers should first contact us with questions and uncertainties about our product. Together we try to find a good solution. Consumer and / or companies
11.8 No actions may be performed or neglected with the products of Home of Concrete, of which the person who uses the product incorrectly knows or could reasonably have suspected that danger, damage and / or nuisance may occur for people and the environment.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Home of Concrete to the customer remains with Home of Concrete as long as the customer has not paid Home of Concrete's claims under the agreement or earlier or later similar agreements, as long as the customer has performed or work still to be performed under these or similar agreements has not yet been paid and as long as the customer has not yet paid Home of Concrete's claims for failure to comply with such obligations, including claims with regard to fines, interest and costs, a and others as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Home of Concrete that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to [Home of Concrete or a third party to be appointed by Home of Concrete to, in all cases where [Home of Concrete] wishes to exercise its property rights, to enter all those places where its properties are located. will then be there and take those things there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Home of Concrete as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Home of Concrete upon first request.
13. Intellectual property rights
13.1 The Buyer or website visitor expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions with regard to the products and / or the internet site are vested in Home of Concrete.
13.2 Intellectual property rights are understood to mean patent, copyright, brand, drawing, design, information, text, images, videos, documentation and design rights and / or other (intellectual property) rights, including non-patentable technical and / or commercial know-how, methods and concepts.
13.3 The buyer or website visitor only obtains a non-exclusive and non-transferable right of use to the use of the products and results of the services for the agreed objectives. The customer shall strictly adhere to the conditions laid down in the general conditions or otherwise imposed on the customer in such use.
13.4 The buyer or website visitor will not, in any way whatsoever, make the above-mentioned items public, reproduce them or make them available to a third party without the prior written permission of Home of Concrete.
13.5 The buyer or website visitor will not remove or change indications of Home of Concrete or its suppliers regarding copyrights, brands, trade names or other intellectual property rights.
13.6 Home of Concrete guarantees that it is entitled to grant the aforementioned user right to the customer and indemnifies the customer against any claims from third parties in this respect. This provision does not apply if and insofar as the products and / or results of the products have been changed and / or if they have been delivered in connection with third-party goods, unless the customer demonstrates in the latter case that the third-party claims only relate to on the products and / or results of the services provided by Home of Concrete.
14. Applicable law / competent court
14.1 Dutch law applies to all agreements.
14.2 Disputes arising from an agreement between Home of Concrete and the buyer, which cannot be resolved by mutual agreement, will be referred to the competent court within the district of MEPPEL, unless Home of Concrete prefers the difference to the competent court of to submit the domicile of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.