Terms of service
1. Applicability
1.1 These general terms and conditions apply to - and form an integral part of - every offer, quotation and agreement that relates to products of any nature to be delivered by WebDigitaal.com hereinafter referred to as "user", unless expressly and in writing otherwise agreed.
1.2 In these general terms and conditions, "the customer" means: any (legal) person who orders and/or purchases goods from or through the user.
1.3 These conditions can only be deviated from if the parties have expressly agreed to this in writing.
2. Establishment and amendment of agreement
2.1 All offers and quotations made by the user, in whatever form, are without obligation unless a term for acceptance is included in the offer. An agreement will only be concluded through written (order) confirmation from the user or through actual execution by the user.
2.2 All indications in offers, quotations or agreements and their appendices, such as images, drawings, sizes, weights, yields and colors, as well as the properties of any test specimens provided, are for indicative purposes only. Minor deviations are therefore not at the expense and risk of the user.
2.3 Obvious errors or mistakes in the user's offers release the user from the obligation to fulfill obligations and/or any obligations to pay damages resulting therefrom, even after the conclusion of the agreement.
3. Execution of the agreement
3.1 Delivery takes place in accordance with the applicable Incoterm: Ex Works (ex factory). If the customer refuses to take delivery at the agreed time, or fails to provide information or instructions necessary for delivery, the user is entitled to store the products at the customer's expense and risk.
3.2 Goods are deemed to have been delivered as soon as the user has informed the customer that the goods, whether or not yet to be assembled in whole or in part, are ready from the user or from a third party for collection by the customer or for delivery on behalf of the customer. to be shipped to the customer. From the moment of delivery, the delivered goods are at the risk of the customer.
3.3 If the parties expressly agree that the user will arrange the transport of the products, both the costs and the risk of loss or damage during transport will be borne by the customer.
3.4 The indication of delivery terms in offers, quotations, agreements or otherwise is always made by the user to the best of its knowledge and these terms will be observed as much as possible, but they are not binding.
4. Prices
4.1 All prices are in euros and are exclusive of sales tax and other levies imposed by the government. Any special additional costs relating to the import and/or customs clearance of items to be delivered by the user to the customer are not included in the price and are therefore borne by the customer.
4.2 The amounts shown in the user's offers are based on the prices, rates, wages, taxes and other factors relevant to the price level during the offer. If one or more of the factors mentioned change after the (order) confirmation, the user is entitled to adjust the agreed price accordingly. If a price increase is made pursuant to this provision and the increase amounts to more than 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days after he or she became aware of the price increase.
5. Payment
5.1 Payment must always be made within 30 days of the invoice date. The customer is not entitled to offset any claim against the user against the amounts charged by the user.
5.2 The User always has the right to deliver or invoice delivered goods per partial delivery.
5.3 Payment is made by deposit or transfer to a bank or giro account designated by the user. The user always has the right to demand security for payment or advance payment both before and after the conclusion of the agreement, subject to suspension of the execution of the agreement by the user until security has been provided and/or the advance payment has been received by the user. . If advance payment is refused, the user is entitled to terminate the agreement and the customer is liable for any resulting damage to the user.
5.4 The user is entitled to suspend the delivery of products that it has in its possession for the customer in connection with the execution of the agreed work until all payments owed by the customer to the user have been paid in full.
5.5 If payment is not made on time, the customer is entitled due to default without notice of default being necessary. From that moment on, the customer owes the user statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code.
5.6 If no payment has been received after the expiry of a further payment term set by written notice, the customer is liable to pay a fine equal to 10% of the principal sum owed by the customer to the user, including VAT, regardless of whether the user has had to incur extrajudicial collection costs and without prejudice to the user's right to claim damages.
5.7 Without prejudice to the other rights of the user under this article, the customer is obliged to the user to reimburse the collection costs that the user has had to incur and which go beyond sending a single demand or simply making an - not accepted - settlement proposal, gathering simple information or compiling the file in the usual manner. These costs are determined on the basis of the guidelines applicable at the courts in the Netherlands at that time.
5.8 The applicability of Article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.
6. Warranty
6.1 If the user provides a guarantee to the customer with regard to the work or products delivered or to be delivered by it, it will expressly inform the customer of this in writing. In the absence of such an express written notification, the customer cannot invoke the warranty, without prejudice to his legal rights arising from mandatory legal provisions.
6.2 If a claim under the customer's warranty is justified, the user will repair the products to be delivered - at the user's choice - or deliver them as agreed, unless this would have become demonstrably pointless for the customer. If the user informs the customer that he will proceed with repairs, the customer will make the delivered products available to the user again, at his expense and risk.
6.3 Any warranty obligations of the user will lapse if errors, defects or imperfections with regard to those items are the result of incorrect, careless or incompetent use or management of delivered items by the customer or third parties engaged by the customer or if they are the result of a external causes such as fire or water damage, or if the customer or a third party has made or had changes made to the goods supplied by the user without the user's permission.
7. Advertisements
7.1 Any complaints about a product supplied by the user must be immediately communicated by the customer to the user in writing and with reasons. If 14 days have passed after delivery of the products, the customer can no longer make justified complaints, unless the defect would not have been noticeable at the time of delivery if a careful and timely inspection had been carried out. In that case, the customer must inform the user of the defect in writing and with reasons, within 14 days after the defect has become known or could have become known to the customer.
7.2 Without prior written consent, the user is not obliged to accept returns from the customer. Receipt of returns does not in any way imply recognition by the user of the reason for return stated by the customer. The risk regarding returned products remains with the customer until the products have been credited by the user.
7.3 If the customer appeals to any agreed warranty scheme, but that appeal subsequently proves to be unjustified, the user has the right to charge the customer for the work and costs of investigation and repair that have resulted from that appeal on its part, in accordance with its usual rates, with a minimum of € 100.00.
8 Identity of the entrepreneur
Name of entrepreneur: WebDigitaal (Webdigitaal.com)
8.1 Business address:
WebDigital
Floraweg 117A
2371AR Roelofarendsveen
the Netherlands
8.2 Postal address:
WebDigital
Industrieweg 126
3044AT Rotterdam
the Netherlands
8.3 Accessibility:
From Monday to Sunday from 12:00 noon to 7:30 pm
E-mail address: info@webdigitaal.com
Chamber of Commerce number: 86299735
VAT identification number: NL004223595B78
9. Retention of title
9.1 All products to be supplied and delivered by the user remain the property of the user under all circumstances, as long as the customer has no claim against the user, including in any case the purchase price, extrajudicial costs, interest, fines and any other claims as referred to in article 3:92. paragraph 2 of the Dutch Civil Code, has not complied.
9.2 The customer is obliged to keep the products delivered under retention of title with due care and as recognizable property of the user.
9.3 The customer is not entitled to pledge, otherwise encumber or transfer in whole or in part the products delivered under retention of title, as long as the ownership thereof has not been transferred to the customer, except to the extent that such transfer is in the exercise of the usual business activities of the customer takes place.
9.4 If the customer fails to fulfill its payment obligations to the user or the user has good reason to fear that the customer will fail to meet those obligations, the user is entitled to take back the goods delivered under retention of title. The customer will cooperate and grant the user free access at all times to its grounds and/or buildings for the purpose of inspecting the goods and/or exercising the user's rights. After repossession, the customer will be credited with the market value, which can in no case be higher than the original price that the customer agreed with the user, less the costs incurred by the user as a result of the repossession.
10. Dissolution and Termination
10.1 The customer is deemed to be in default if he fails to fulfill any obligation under the agreement or fails to do so on time, as well as if the customer does not comply with a written reminder to fully comply within a set reasonable period.
10.2 In the event of default by the customer, the user is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notification to the customer and/or by the customer, if necessary, to the user. to immediately claim the amount due in full and/or invoke the retention of title.
10.3 The user is entitled to terminate the agreement with immediate effect if the customer applies for a suspension of payments or bankruptcy or if a petition is filed against him or if all or part of his assets are seized. All invoiced amounts will then become immediately due and payable. the user will never be obliged to pay any compensation due to this termination.
11. Force majeure
11.1 User is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, the user's obligations are suspended. If the period in which the user is unable to fulfill its obligations due to force majeure lasts longer than three months, both parties are entitled to terminate the agreement without judicial intervention, without any obligation to pay compensation.
11.2 The term 'force majeure' as referred to in this article is in any case understood to mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or fault of the user, such as serious disruption in the company, forced reduction in production , strikes and lockouts, both at the user and at supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of the user or supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including user's supply companies.
11.3 If, when force majeure occurs, the user has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it were a separate agreement.
12. Liability
12.1 The user is only liable for damage suffered by the customer if and insofar as that damage is the direct result of intent or deliberate recklessness on the part of the user's managers.
12.2 The total liability of the user will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by the user to the customer on account of any cancellation obligations and compensation for damage will never exceed a maximum of the amount price stipulated in that agreement (excluding VAT).
12.3 The user is not liable for damage if and insofar as the customer has insured himself against the relevant damage or could reasonably have insured himself.
13 Disputes and applicable law
13.1 If there is uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation of those provision(s) must take place 'in the spirit' of these general terms and conditions.
13.2 Dutch law applies to an agreement concluded with the user. Foreign legislation and treaties, including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
13.3 Any disputes relating to this agreement or arising from this agreement will be settled in the first instance by the competent court in the district in which the user is located at the time this agreement was concluded.
Please read the terms and conditions carefully to avoid rejection of your return.
14 Return conditions
You have the option to register the product for return within 60 days of receipt. To do this, follow the steps below.
Conditions: product not needed/incorrectly delivered:
- The product must be in its original condition.
- The product shows no signs of use.
- The product comes from WebDigitaal.com.
- The product is in original packaging.
Conditions for product defective/damaged:
- The product has been tested before installation/use.
- The product is not further damaged (due to personal use).
- The product comes from WebDigitaal.com.
- The product is (as best as possible) in the original packaging.
14.1 Registration - You can easily register a return via your account.
- Don't have an account? Then create this or contact us.
- When your return request has been submitted and approved, you will receive a return label from us.
- You must return the product within 14 days of registration!
14.2 Packaging
- Pack the products in their original condition and original packaging in a box.
- Reuse filling material or use newspapers if necessary so that the product is not damaged.
- NB! Always place a note with order number in the return box. (you can also write this on the box)
14.3 Shipping
- Deliver the package to the post office
- You must pay the shipping costs yourself (unless we have sent you a label). Received a wrong or defective product? The shipping costs will then be reimbursed later.
- You will receive a shipping receipt, keep the shipping receipt safe!
14.4 When do we refund?
We will transfer the original costs (purchase costs and any return shipping costs) to you within 14 days after cancellation, provided that they meet the conditions stated above.
Does the return not meet the stated conditions? We will then contact you and find a suitable solution.
14.5 What do you get in return?
Is no longer necessary? Or ordered the wrong product yourself? -> Original price paid for the product
Wrong product delivered? Or received a defective product? -> Original price paid for the product + return shipping costs
14.6 Where will I receive the refunded amount?
We will refund the amount in the same way as you paid. Does this not work? We will then contact you.
14.7 Return shipping costs
The costs for return shipping are at your own expense. And can be reimbursed (depending on the return case).