Introduction
Below you will find our General Terms and Conditions. These always apply when you use the website or place an order via our website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms so that you can refer to them again at a later date.
Definitions
Article 1. Applicability of the General Terms and Conditions
1.1. The General Terms and Conditions apply to all offers, agreements, and deliveries by Bendur BV, unless expressly agreed otherwise in writing.
1.2. If the customer includes provisions or conditions in their order, confirmation, or acceptance statement that deviate from or are not included in the General Terms and Conditions, these are only binding if and to the extent that they have been expressly accepted in writing by Bendur BV.
1.3. If, in addition to these General Terms and Conditions, specific product or service conditions also apply, those shall also be applicable. In the event of conflicting terms, the customer may always rely on the applicable provision that is most favorable to them.
Article 2. Prices and Information
2.1. All prices stated on the website and in other materials originating from Bendur BV include VAT and, unless stated otherwise on the website, other government levies.
2.2. If shipping costs apply, this will be clearly and timely indicated before the conclusion of the contract. These costs will also be shown separately in the ordering process.
2.3. The content of the website has been compiled with the greatest possible care. However, Bendur BV cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the website and in other materials originating from Bendur BV are therefore subject to obvious programming and typing errors.
2.4. Bendur BV cannot be held responsible for (color) deviations resulting from screen quality.
Article 3. Conclusion of the Contract
3.1. The contract is concluded as soon as the customer accepts the offer from Bendur BV and meets the conditions set by Bendur BV.
3.2. If the customer has accepted the offer electronically, Bendur BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer may terminate the contract.
3.3. If it turns out that incorrect data was provided by the customer during acceptance or otherwise during the conclusion of the contract, Bendur BV has the right to fulfill its obligation only after receiving the correct data.
3.4. Bendur BV may, within legal limits, inform itself whether the customer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the contract. If Bendur BV has good reasons based on this investigation not to enter into the contract, it is entitled to refuse an order or request with motivation or to attach special conditions, such as advance payment, to the execution.
Article 4. Registration
4.1. To make optimal use of the website, the customer can register via the registration form/account login option on the website.
4.2. During the registration process, the customer chooses a username and password. After registration, the customer can log in to the website using these login details. The customer is responsible for choosing a sufficiently secure password.
4.3. The customer must keep their login details, username, and password strictly confidential. Bendur BV is not liable for misuse of login details and may always assume that a customer who logs in to the website is indeed that customer. Everything that happens via the customer’s account falls under the responsibility and risk of the customer.
4.4. If the customer knows or suspects that their login details have fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or inform Bendur BV so that Bendur BV can take appropriate measures.
Article 5. Execution of the Contract
5.1. Once the order has been received by Bendur BV, Bendur BV will send the products as soon as possible, subject to the provisions of paragraph 3 of this Article.
5.2. Bendur BV is entitled to engage third parties to fulfill the obligations under the contract.
5.3. The delivery period is, in principle, 7 days. The method of delivery can take various forms and is at the discretion of Bendur BV.
5.4. If Bendur BV cannot deliver the products within the agreed period, it will inform the customer. The customer can then either agree to a new delivery date or have the option to terminate the contract free of charge.
5.5. Bendur BV recommends that the customer inspect the delivered products and report any discovered defects within a reasonable period, preferably in writing. See also the Article on Warranty and Conformity.
5.6. Once the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the customer. If expressly agreed otherwise, the risk passes to the customer earlier. If the customer decides to collect the products, the risk passes upon the handover of the products.
5.7. Bendur BV is entitled to deliver a similar product of the same quality as the ordered product if the ordered product is no longer available. The customer is then entitled to terminate the contract free of charge and return the product free of charge.
Article 6. Right of Withdrawal
6.1. This article applies only to customers who are natural persons and are not acting in the exercise of their profession or business.
6.2. The customer has the right to withdraw from the distance contract with Bendur BV within 14 days of receipt of the product without giving reasons, free of charge.
6.3. The withdrawal period begins on the day after the customer, or a third party previously designated by the customer who is not the carrier, has received the product.
6.4. Only the direct costs of the return shipment are borne by the customer. The customer must therefore bear the return shipping costs themselves. If these costs are higher than regular postage, Bendur BV will provide an estimate of these costs. Any costs paid by the customer for shipping and payment of the product to the customer will be refunded to the customer upon return of the entire order.
6.5. During the withdrawal period referred to in paragraph 1, the customer will handle the product and packaging with care. The customer will only open the packaging and use the product to the extent necessary to establish the nature, characteristics, and functioning of the products. The starting point is that this inspection may not go further than what the customer could do in a physical store.
6.6. The customer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 5.
6.7. The customer can withdraw from the contract within the period mentioned in paragraph 1 by sending the withdrawal form (digitally) to Bendur BV or by otherwise clearly stating to Bendur BV that they are withdrawing from the purchase. In the case of a digital notification, Bendur BV will confirm receipt of this notification. After withdrawal, the customer has another 14 days to return the product. It is also possible to return the product directly within the reflection period mentioned in paragraph 1 of this Article, provided that the withdrawal form or another clear statement regarding the withdrawal is included.
6.8. Amounts already paid (in advance) by the customer will be refunded as soon as possible, but no later than 14 days after withdrawal from the contract, in the same manner as the customer paid for the order. If the customer chose a more expensive delivery method than the cheapest standard delivery, Bendur BV does not have to refund the additional costs for the more expensive method. Unless Bendur BV offers to collect the product themselves, Bendur BV may withhold the refund until Bendur BV has received the product or the customer proves that they have returned the product, whichever is earlier.
6.9. The website will clearly and timely indicate, before the conclusion of the contract, whether the right of withdrawal applies and what the desired procedure is.
6.10. The right of withdrawal does not apply to:
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Products manufactured according to customer specifications (custom-made).
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Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
Article 7. Payment
7.1. The customer must make payments to Bendur BV according to the payment methods indicated in the ordering process and, if applicable, on the website. Bendur BV is free to choose the offered payment methods, and these may change from time to time. In the case of payment after delivery, Bendur BV grants the customer a payment term of 14 days, starting on the day after delivery.
7.2. If the customer does not fulfill their payment obligation(s) on time, after having been notified by Bendur BV of the late payment and having been given a period of 14 days by Bendur BV to meet their payment obligations, they will owe the statutory interest on the amount still due after the expiry of this 14-day period, and Bendur BV is entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. Bendur BV may deviate from the stated amounts and percentages in favor of the customer.
Article 8. Warranty and Conformity
8.1. This article applies only if the customer is a natural person not acting in the exercise of their profession or business. If Bendur BV provides a separate warranty on the products, this applies to all types of customers, without prejudice to the foregoing.
8.2. Bendur BV warrants that the products comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If expressly agreed, Bendur BV also warrants that the product is suitable for other than normal use.
8.3. If the delivered product does not comply with the contract, the customer must inform Bendur BV within a reasonable period after discovering the defect.
8.4. If Bendur BV acknowledges the complaint as justified, the relevant products will be repaired, replaced, or refunded in consultation with the customer. The maximum compensation is, taking into account the Article on Liability, equal to the price paid by the customer for the product.
Article 9. Warranty for Business Purchases
9.1. Bendur BV warrants that the products comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If expressly agreed, Bendur BV also warrants that the product is suitable for other than normal use. Otherwise, the product is deemed suitable for normal use.
9.2. If the delivered product does not comply with the contract upon delivery, the customer must inform Bendur BV within a maximum of 5 days after delivery. If the customer fails to do so, they can no longer assert claims for repair, replacement, etc., if the product is delivered defective.
9.3. If Bendur BV acknowledges the complaint as justified, the relevant products will be repaired, replaced, or (partially) refunded in consultation with the customer.
Article 10. Complaint Procedure
10.1. If the customer has a complaint about a product (according to the Article on Warranty and Conformity) and/or other aspects of Bendur BV’s services, they can submit it to Bendur BV by telephone, email, or post. See the contact details at the end of the General Terms and Conditions.
10.2. Bendur BV will provide a response to the customer’s complaint as soon as possible, but no later than 5 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, Bendur BV will confirm receipt within 5 days and provide an estimate of the period within which it expects to provide a substantive or final response to the customer’s complaint.
10.3. Customers not acting in the exercise of their profession or business can also submit a complaint via the European Online Dispute Resolution platform, accessible via http://ec.europa.eu/odr/.
Article 11. Liability
11.1. This article applies only if the customer is a natural or legal person acting in the exercise of their profession or business.
11.2. The total liability of Bendur BV towards the customer due to an attributable failure in the performance of the contract is limited to compensation of a maximum of the price agreed for that contract (including VAT).
11.3. The liability of Bendur BV towards the customer for indirect damage, including but not limited to consequential damage, lost profit, lost savings, loss of data, and damage due to business interruption, is excluded.
11.4. Apart from the cases mentioned in the previous paragraphs of this Article, Bendur BV has no liability towards the customer for damages, regardless of the grounds on which an action for damages would be based. However, the limitations mentioned in this Article do not apply if and to the extent that the damage is the result of intent or gross negligence by Bendur BV.
11.5. The liability of Bendur BV towards the customer due to an attributable failure to perform a contract only arises if the customer immediately and properly gives Bendur BV a written notice of default, setting a reasonable period to remedy the failure, and Bendur BV continues to fail to fulfill its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, so that Bendur BV can respond adequately.
11.6. A condition for the existence of any right to compensation is always that the customer reports the damage to Bendur BV in writing as soon as possible, but no later than 30 days after its occurrence.
11.7. In the event of force majeure, Bendur BV is not obliged to compensate for any damage caused to the customer as a result.
Article 12. Retention of Title for Business Purchases
12.1. As long as the business customer has not made full payment for the entire agreed amount, all delivered goods remain the property of Bendur BV.
Article 13. Personal Data
13.1. Bendur BV processes the customer’s personal data in accordance with the privacy policy published on the website.
Article 14. Final Provisions
14.1. Dutch law applies to the contract.
14.2. Unless otherwise prescribed by mandatory legal provisions, all disputes arising from or in connection with the contract will be submitted to the competent Dutch court in the district of Bendur BV.
14.3. If a provision in these General Terms and Conditions is void, this does not affect the validity of the entire General Terms and Conditions. In such a case, the parties will determine (a) new provision(s) that take(s) into account the purpose of the original provision as much as legally possible.
14.4. In these General Terms and Conditions, “in writing” also includes communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.
Contact Information
If you have any questions, complaints, or comments after reading these General Terms and Conditions, please contact us in writing or by email.
Address: Bendur BV, Vaarselstraat 10a, 5711 RE, Someren
Phone: +31(0)40-340 01 86
Email: info@bendur.nl
Chamber of Commerce (KvK) Number: 70026432
VAT Identification Number: NL858109335B01
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