Ganymedes V.O.F. established and registered office in Amstelveen, with Chamber of Commerce registration number 33140135, hereinafter referred to as: user.
Article 1. Definitions.
In these general terms and conditions the following terms have the following meanings:
‘user’: the person who uses the general terms and conditions in an agreement or otherwise.
‘consumer’: a counterparty who is a natural person and does not act in the course of a business or profession.
Article 2. Applicability of these conditions.
1. These conditions apply to every offer and every agreement between user and consumer to which these conditions have been declared applicable, insofar as the parties have not deviated from these conditions explicitly and in writing. These terms and conditions are therefore part of every offer / agreement.
2. These general terms and conditions also apply to agreements with the user, for the implementation of which third parties must be involved.
Article 3. Offers, prices and descriptions website and / or catalogs.
3.1. All offers, prices and descriptions issued by the user are valid for a maximum period of 30 days. Starting from the date of the aforementioned quotations and the like.
3.2. User cannot be held to its quotation, prices and descriptions if, among other things, the consumer should have understood that the quotation or any part thereof contained an obvious mistake or clerical error.
3.3. User is only bound by its quotation if acceptance thereof is confirmed in writing by the consumer within 30 days from the date of this quotation. The prices stated in a quotation or on the website include VAT, unless stated otherwise.
Article 4. Delivery.
4.1. Unless otherwise agreed, delivery takes place ex user’s store warehouse in Amstelveen.
4.2. The other party is obliged to take delivery of the purchased goods at the time they are delivered to him or at the time when they are available to him according to the agreement.
4.3. If the other party refuses to take delivery or fails to provide information or instructions necessary for the delivery, the items will be stored at the expense and risk of the other party. In that case, the other party will owe all additional costs, including in any case storage costs, and will be immediately payable.
4.4. Delivery of purchases takes place against direct payment. Such costs are stated separately by the user.
Article 5. Money back guarantee.
5.1. The consumer has the right to return the purchased goods, within seven (7) days, after contact with the user, against payment of the price of the purchased goods.
5.2. The products must then be unused and of course in new condition, that is to say, must be returned in proper packaging material and original boxes / boxes. The product must not show any damage or defects.
5.3. The consumer must ensure proper packaging during transport, so that the purchased items arrive at the user in new condition.
5.4. Any shipping and packaging costs for sending from the other party to the user are for the account of the consumer.
5.5. The items in question must be delivered to the user within the stated 7 days.
5.6. User reserves the right, in case of non-compliance with sub 5.2 and / or sub 5.5, to credit only part of the price of the purchased goods.
Article 6. Delivery time.
6.1. The delivery times stated by the user are approximate and do not bind the user.
6.2. In the event of late delivery, the consumer must give the user written notice of default and the user a reasonable term to still fulfill his obligations.
6.3. If the new delivery period set by the consumer is exceeded, the consumer is entitled to terminate the agreement without costs by written notification thereof, without any obligation to pay compensation on the part of the user.
Article. 7 Guarantee.
7.1. User guarantees that the goods sold by it are free from material, design and manufacturing defects for a period of 12 months after delivery, at least for a period that is guaranteed by the producer of that particular article.
7.2. If the guarantee referred to in paragraph 1 applies and the goods delivered show a defect, the user is obliged to repair the goods within 30 days after the consumer has reported the defect in writing. However, if an article is not in stock, the user undertakes to repair the goods within 60 days after the consumer has reported the defect in writing.
7.3. Repair within the warranty period is free of charge. Items to be repaired must be presented to the user for repair.
7.4. The user can choose to replace the items.
7.5. The consumer can only demand replacement of the goods or dissolution of the purchase agreement if during the warranty period: -the user has twice made a fruitless attempt to repair the same defect and this defect is sufficiently serious to justify replacement or dissolution; – if the consumer demonstrates that the goods show or have shown so many defects that they do not comply with the agreement and that these defects justify replacement or dissolution.
7.6. The warranty lapses if the consumer causes damage by incorrect use / handling of a guaranteed item. Incorrect treatment includes:
Dropping optical instruments and (optical) items.
– Failure to follow the user manual and / or instructions for use.
– Having a case repaired by a third party without the user’s consent.
– Attempting to repair a defect by the consumer.
-The modification of a case by the consumer and / or third parties.
7.7. The consumer must demonstrate that the item shows a defect within the warranty period to which this warranty applies. The warranty lapses if the type or serial number of an item has been removed or changed.
Article 8. Retention of title
User remains the full owner of an item sold by it until the purchase price has been paid in full.
Article 9. Defects; complaint periods
9.1. The consumer must have the purchased goods examined upon delivery, or as soon as possible afterwards, if necessary. In doing so, the consumer must check whether the delivered item complies with the agreement, namely: – whether the correct item has been delivered; – whether the item delivered meets the agreed quality requirements; or – (if these are not available) the requirements that may be set for normal use.
9.2. If a visible defect or shortcoming is found, the consumer must report this to the user within three (3) days after delivery.
9.3. A non-visible defect must be reported to the user in writing within three (3) days after discovery, but no later than thirty (30) days after delivery.
9.4. The user will ensure that the purchased goods, after detection of a defect, are collected from the consumer or that the costs for transport / shipping are reimbursed to the user. Method of transportation / shipping will be chosen by user.
Article 10. Price increase
10.1. If the user agrees on a certain price with the consumer, the user is nevertheless entitled to increase the price.
10.2. If a price increase takes place during the first three months after the conclusion of the agreement, the consumer can terminate the agreement regardless of the percentage of the increase.
10.3. If the price increase takes place more than three months after the conclusion of the agreement, the consumer has the right to terminate the agreement if the price increase exceeds 5%.
Article 11. Payment
11.1. Unless otherwise agreed, payment must be made net in cash.
11.2. If payment is not made in cash, it must be made before delivery, in a manner to be indicated by the user.
11.3. If the user decides to send an invoice, payment must be made within 14 days of the invoice date in the currency in which the invoice is made.
11.4. After the expiry of 16 days after the invoice date, the consumer is legally in default; From the moment of default, the consumer owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.
11.5. In the event of bankruptcy or suspension of payment of the consumer, the claims of the user and the obligations of the consumer towards the user are immediately due and payable.
Article 12. Collection costs
12.1. If the consumer is in default or in default with the fulfillment of one or more of his obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the consumer. In any case, in the event of a monetary claim, the consumer owes:
|– on the first € 3,000,||15%|
|– on the excess up to € 6,000,||10%|
|– on the excess up to € 15,000,||8%|
|– on the excess up to € 60.000,||5%|
|– about the multiple||3%|
12. 2. If the user demonstrates that he has incurred higher costs that were reasonably necessary, these will also qualify for reimbursement.
Article 13. Liability.
13.1. The liability of the user is limited to a re-purchase of the item concerned or a refund of the full / partial purchase price.
13.2. For the placement of goods at the consumer, the user has taken out insurance that covers the consequences of legal liability for an amount, customary in the user’s industry. In the case of legal liability, the consumer’s claim against the user is limited to the payment of the insurance company in the present case.
13.3. For defects in delivered goods, the liability as regulated in article 6 of these conditions applies.
13.4. The above limitations do not apply if the damage is due to intent and / or gross negligence and / or culpable actions by the user or its subordinates.
Article 14. Force majeure
14.1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which the user cannot exert any influence, but as a result of which the user is unable to fulfill its obligations, strikes. including for the user.
14.2. User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after user should have fulfilled its obligation.
14.3. During force majeure, the delivery and other obligations of the user are suspended. If the period in which compliance with the obligations by the user is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being an obligation to pay compensation in that case.
14.4. If the user has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part (still) to be delivered and the other party is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 15. Dispute settlement
The court in the user’s place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user remains authorized to summon the consumer to appear before the competent court according to the law or convention.
Article 16. Applicable law
Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.
Article 17. Changes and location of the conditions
These terms and conditions have been filed at the office of the Chamber of Commerce in Amsterdam. The most recently filed version or the version that applied at the time of the conclusion of the present transaction always applies.