Terms and Conditions

Terms and Conditions

Below you will find the General Terms and Conditions of GWiHolland.nl. When purchasing through our webshop, look at "General Terms and Conditions GWiHolland.nl (Webshop)". If you purchase through a visit to our company / warehouse, look at "General terms and conditions GWiHolland.nl (Warehouse)".

General terms and conditions GWiHolland.nl (Webshop)

Version valid from: March 29, 2016

Article 1 Definitions

1.1 GWiHolland.nl: Registered office in Heteren and registered with the Chamber of Commerce under number 63325101.

1.2 Client: the natural or legal person, acting in the exercise of a profession or business, who gives GWiHolland.nl an assignment to deliver Products.

1.3 Products: The most comprehensive concept of an item or good that is supplied by GWiHolland.nl.

1.4 Agreement: a distance agreement whereby the Client via a system for distance selling of products at GWiHolland.nl organized by GWiHolland.nl and where up to the conclusion of the agreement use is made exclusively of one or more techniques for communication on distance.

1.5 Website of GWiHolland.nl: the website of GWiHolland.nl, accessible via www.GWiHolland.nl.

1.6 General conditions: all of the provisions as listed below.

Article 2 General provisions

2.1 These general terms and conditions apply to all offers and all agreements that GWiHolland.nl concludes with the Client.

2.2 In these general terms and conditions, the word "in writing" can also be considered as written documents that are sent via electronic channels, certainly including e-mail and faxed documents.

2.3 If GWiHolland.nl deviates from that stipulated in these general terms and conditions, no rights can be derived from this by the Client.

2.4 Any general (purchase) conditions applied by the Client are rejected and therefore do not apply to agreements entered into with GWiHolland.nl.

2.5 If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be declared void, the other provisions in these general terms and conditions will remain fully applicable. GWiHolland.nl and the Client will then enter into consultation in order to agree new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.

Article 3 Offers

3.1 The products offered on the GWiHolland.nl website are exclusive of VAT.

3.2 The products offered on the GWiHolland.nl website contain an as accurate as possible and truthful description and / or image of the product offered.

3.3 If in the descriptions and / or images as described in Article 3.2, in reality, GWiHolland.nl is in no way liable to pay damages to the Client.

3.4 The offer made by GWiHolland.nl does not apply to any future agreements between GWiHolland.nl and the Client.

Article 4 Conclusion of an agreement

4.1 An agreement is concluded after the Client has fully completed the order form on the website of GWiHolland.nl and the Client has met its payment obligations.

Article 5 Delivery

5.1 After an agreement has been concluded between GWiHolland.nl and the Client, GWiHolland.nl will offer the ordered products for transport as soon as possible.

5.2 Delivery of the ordered products takes place within the Netherlands, unless explicitly agreed otherwise between GWiHolland.nl and the Client.

5.3 After an agreement has been concluded between GWiHolland.nl and the Client, the products ordered by the Client will in principle be delivered by GWiHolland.nl within 7 days.

5.4 If GWiHolland.nl cannot meet the delivery time as described in Article 5.3, a further delivery time will be indicated.

5.5 Delivery of the ordered products takes place on the paved road in front of the first door on the ground floor of the address specified by the Client, unless otherwise agreed in writing between GWiHolland.nl and the Client.

5.6 The obligation to deliver from GWiHolland.nl will be met, subject to proof to the contrary, as soon as the products delivered by GWiHolland.nl have been offered to the Client once. In the case of home delivery, the report of the carrier, including the refusal of acceptance, extends to full proof of the offer to deliver, subject to proof to the contrary.

Article 6 Cancellation

6.1 If the Client wishes to cancel the concluded agreement, GWiHolland.nl will charge 25% of the invoice amount.

Article 7 Price and payment

7.1 The products offered on the GWiHolland.nl website are exclusive of VAT shipping costs.

7.2 After the conclusion of an agreement, prices cannot be increased, except for possible price changes over which GWiHolland.nl has no influence, such as VAT rates.

7.3 The Client must pay via iDeal during the conclusion of an agreement, unless explicitly agreed otherwise.

Article 8 Warranty

8.1 The Client must check the products delivered immediately upon receipt. The Client must report any defective products to GWiHolland.nl immediately after discovery and at the latest within a period of 14 days.

8.2 If the complaints made by the Client are declared justified by GWiHolland.nl, the Client will be offered a replacement product or a refund of the invoice value of the product.

8.3 Warranty periods vary per product and are offered by the manufacturer.

8.4 The right to guarantee does not apply if defects have arisen:

· The Client has carried out operations or has changed the original nature of the delivered Products in any other way;

· Due to normal wear and tear;

· Defective installation and assembly work;

· Incorrect commissioning;

· Incorrect, improper or careless use;

· external influences;

· By not working in accordance with the guidelines of the installation instructions or original parts have been changed or replaced by foreign parts.

8.5 Products delivered to the Client that cannot be taken back due to their nature do not fall under the warranty period as described in this article.

8.6 The Client is also not entitled to a guarantee as described in this article if it is established that the defect in a product was caused by the Client.

Article 9 Liability

9.1 If GWiHolland.nl is held liable, any liability is limited to direct damage and to a maximum of the invoice amount.

9.2 Direct damage should only be understood to mean:

• the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions:

• any reasonable costs incurred to have GWiHolland.nl's defective performance comply with the agreement, insofar as these can be attributed to GWiHolland.nl and;

• reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.

9.3 GWiHolland.nl excludes any liability for indirect damage suffered by the use of the products supplied by GWiHolland.nl, with the exception of situations in which the damage is directly due to intent or gross negligence on the part of GWiHolland.nl. management and / or management personnel.

9.4 GWiHolland.nl is in any case never liable for the following damage items: Consequential damage, lost profit, lost savings and damage due to business interruption.

Article 10 Force majeure

10.1 GWiHolland.nl is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If the force majeure continues for a period of sixty (60) days, both parties are entitled to terminate the agreement. What has already been performed under the agreement will then be settled proportionally.

10.2 GWiHolland.nl in its activities depends on the cooperation, services of third parties, over which GWiHolland.nl can exercise little or no influence. GWiHolland.nl can therefore not be held liable in any way for any damage resulting from a situation in which the shortcoming is due to a third party with whom GWiHolland.nl has entered into an agreement.

10.3 In addition to the provisions of paragraph 10.2, force majeure is certainly understood to mean all that has been assumed by law and case law.

Article 11 Reservation of ownership & intellectual property

11.1 The products delivered by GWiHolland.nl remain the property of GWiHolland.nl until the Client has properly fulfilled all obligations arising from the agreement concluded with GWiHolland.nl.

11.2 In the event that GWiHolland.nl invokes the retention of title, the relevant agreement shall be deemed terminated, without prejudice to GWiHolland.nl's right to claim compensation for loss, lost profit and interest.

11.3 GWiHolland.nl reserves all intellectual property rights on all designs, images, drawings, models, texts, text proposals etc. provided by GWiHolland.nl. Reproduction, publication and copying are only permitted with the express permission of GWiHolland.nl.

Article 12 Obligations for the customer

12.1 In principle, the Client must behave in accordance with what is stipulated in these general terms and conditions and what is agreed between the representatives of GWiHolland.nl and the Client.

12.2 The Client must ensure that GWiHolland.nl has all the correct information in its possession to properly execute the agreement.

12.3 The Client must ensure normal use of the products supplied by GWiHolland.nl. If the Client fails to do so, his right to guarantee as referred to in Article 8.3 expires.

12.4 The Client is responsible for the assembly and installation of the Products supplied by GWiHolland.nl.

Article 13 Applicable law and dispute

13.1 Dutch law applies exclusively to all legal relationships to which GWiHolland.nl is a party.

13.2 The Client and GWiHolland.nl will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 14 Right of withdrawal

14.1 You have a 14-day cooling-off period to return our products. Within these 14 days you have the option to report a return via the return procedure. After registering you have 14 days to return the products.

14.2 The return shipment must meet the following conditions:

The items are in the original packaging
All price information labels are still on / on the article.
The items are undamaged and unused.
You must package the return shipment well so that the shipment arrives at us intact.
You must frank the shipment sufficiently.
All additional costs and risk of the return shipment are for your account.
14.3 You may also return the products. Please contact us first when you wish to come.

14.4 More information about returns can be found here.

General terms and conditions GWiHolland.nl (Warehouse)

Version valid from: March 29, 2016

Article 1 Definitions

1.1 GWiHolland.nl: GWiHolland.nl, with its registered office in Heteren and registered with the Chamber of Commerce under file number 63325101.

1.2 Client: the natural person or legal person, acting in the exercise of a profession or business, who has commissioned GWiHolland.nl to deliver Products.

1.3 Product (s): the most comprehensive understanding of an item or good that is supplied by GWiHolland.nl.

Article 2 General provisions

2.1 These terms and conditions apply to all offers and all agreements of GWiHolland.nl that extend to the provision of Services or the sale of Products.

2.2 The general terms and conditions used by the Client are expressly rejected and therefore do not apply to agreements entered into with GWiHolland.nl.

2.3 If any provision of these terms and conditions is void or is voided, the remaining provisions of these terms and conditions will remain in full force and GWiHolland.nl and the Client will enter into consultation in order to agree new provisions to replace the invalid or voided provisions. where possible the purpose and purport of the invalid or annulled provision are taken into account.

2.4 In these general terms and conditions, the word "in writing" can also be considered as written documents that are sent via electronic channels, certainly including e-mail and faxed documents

Article 3 Offers and offers

3.1 All quotations are valid for seven (7) days for acceptance. After that they are of purely informative value.

3.2 The prices, in quotations and offers, used by GWiHolland.nl are exclusive of VAT and other government taxes. The prices quoted are exclusive of any costs incurred in the context of the agreement, including shipping and collection costs, unless otherwise indicated.

Article 4 Conclusion of an agreement

4.1 An agreement between the Client and GWiHolland.nl is established after written or oral agreement has been reached there.

4.2 An oral agreement is established after GWiHolland.nl has confirmed the Client in writing to execute the order or as soon as GWiHolland.nl starts implementing the verbally concluded agreement.

Article 5 Delivery

5.1 If Products are not directly available from stock, a delivery time is specified by GWiHolland.nl. A delivery time specified by GWiHolland.nl can never be regarded as a strict deadline. The delivery time starts only after all required information is in the possession of GWiHolland.nl, after which GWiHolland.nl will endeavor to arrange delivery as soon as possible.

5.2 The risk of the Products delivered by GWiHolland.nl is transferred to the Client at the time of delivery.

5.3 The Client is responsible for the assembly and installation of the Products supplied by GWiHolland.nl.

Article 6 Warranty

6.1 The Client must check the Products delivered immediately upon receipt. Immediately after discovery, the Client must sign any defective Products on the transport document and notify GWiHolland.nl thereof.

6.2 All other complaints must be notified to GWiHolland.nl within fourteen days of discovery.

6.3 If the rights of complaint mentioned in the aforementioned articles have not been communicated to GWiHolland.nl within the periods specified therein, the Products are deemed to have been received in good condition.

6.4 Warranty periods vary per product and are offered by the manufacturer.

6.5 Any claims of the Client on the guarantee period do not suspend other obligations of the Client arising from the agreement.

6.6 If the defects reported by the Client prove to be justified, this never means that GWiHolland.nl is in defects or in default.

6.7 The right to guarantee does not apply if defects have arisen:

· The Client has carried out operations or has changed the original nature of the delivered Products in any other way;

· Due to normal wear and tear;

· Defective installation and assembly work;

· Incorrect commissioning;

· Incorrect, improper or careless use;

· external influences;

· By not working in accordance with the guidelines of the installation instructions or original parts have been changed or replaced by foreign parts.

Article 7 Liability

7.1 If GWiHolland.nl is held liable, any liability is limited to direct damage and to a maximum of the invoice amount.

7.2 Direct damage should only be understood to mean:

• the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions:

• any reasonable costs incurred to have GWiHolland.nl's defective performance comply with the agreement, insofar as these can be attributed to GWiHolland.nl and;

• reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.

7.3 GWiHolland.nl excludes any liability for indirect damage suffered by the use of the products supplied by GWiHolland.nl, with the exception of situations in which the damage is directly due to intent or gross negligence on the part of GWiHolland.nl. management and / or management personnel.

7.4 GWiHolland.nl is in any case never liable for the following items of damage: Consequential damage, lost profit, lost savings and damage due to business interruption.

Article 8 Obligations of the Client

8.1 In principle, the Client must behave in accordance with what is stipulated in these general terms and conditions and what is agreed between the representatives of GWiHolland.nl and the Client.

8.2 The Client must ensure that GWiHolland.nl has all the correct information in its possession to properly fulfill the agreement.

8.3 The Client must ensure the normal use of the Products supplied by GWiHolland.nl. If the Client fails to do so, his right to guarantee as referred to in Article 6 will lapse.

Article 9 Force majeure

9.1 GWiHolland.nl is not obliged to fulfill any obligations towards the Client if he is prevented from doing so as a result of a circumstance that is not due to his fault, nor according to the law, a legal act or generally accepted beliefs for his. account.

9.2 GWiHolland.nl can suspend the obligations under the agreement during the period that the force majeure continues. If the force majeure continues for longer than a period of sixty days, each of the parties is entitled to terminate the agreement, without any obligation to compensate the damage suffered by the other party.

9.3 If, at the time of force majeure, GWiHolland.nl partially fulfilled its obligations under the agreement or will be able to fulfill them, GWiHolland.nl is entitled to invoice the fulfilled part of the agreement separately. The latter provided that an independent value can be assigned to the partially agreed upon.

Article 10 Retention of ownership

10.1 The Products delivered by GWiHolland.nl remain the property of GWiHolland.nl until the Client has properly fulfilled all obligations arising from the agreement concluded with GWiHolland.nl.

10.2 In the event that GWiHolland.nl invokes the retention of title, the relevant agreement shall be deemed terminated, without prejudice to GWiHolland.nl's right to claim compensation for damage, loss of profit and interest.

Article 11 Price & Payment

11.1 Payment must be made prior to or during the conclusion of an agreement.

11.2 Client can only pay in cash.

Article 12 Applicable law and disputes

12.1 Dutch law applies exclusively to all legal relationships to which GWiHolland.nl is a party.

12.2 Client and GWiHolland.nl will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.