General terms and conditions
Article 1 - General
1.1 - These general conditions apply to all offers of the seller and to all distance contracts and orders placed by consumers or merchants through the seller's web store.
1.2 - The general conditions of the contracting parties are not accepted and do not apply unless expressly agreed in writing.
1.3 - These general terms and conditions also apply to merchants in future business dealings, subject to the need for a formal prior declaration to that effect. Unless expressly approved to the contrary by the seller, conflicting or additional general terms and conditions used by a business cannot be accepted as contractually valid.
Article 2 - Company data/identity
Toolnation is an online store and part of Handelsonderneming Dirks B.V., which is engaged in the sale of quality tools to individuals and companies.
Handelsonderneming Dirks B.V.
Prins Mauritslaan 120-124
6191EJ Beek (NL)
Phone: +31 46 437 9911 (local rate)
CoC number: 63437775
VAT identification number: NL855236310B01
Toolnation Distribution Center (not a visiting address).
6199AG Maastricht Airport (NL)
Phone: +31 85 237 15 00 (NL)
Phone: 00800 777 555 11 (EU)
Mail: email@example.com or contact customer service
Director: Raymond Gelders
Article 3 - Offers and Agreements
3.1 - The distance purchase contract concluded by the consumer or merchant comes into force with Handelsonderneming Dirks B.V.
3.2 - All offers are without commitment or - if a deadline has been set - are binding only for that deadline.
3.3 - Agreements regarding the delivery of goods and/or services come into force only after written confirmation by the seller.
3.4 - Article 4.3 also applies to all agreements and offers entered into or made by our agents, representatives, intermediaries and/or dealers.
3.5 - Dimensions, weights, etc. given are as accurate as possible. Subject to any slight deviations.
3.6 - The content of the written confirmation sent by the seller is binding on our counterpart unless its accuracy is disputed in writing within eight days of shipment.
3.7 - By presenting products in the seller's web store, the seller makes a binding offer to conclude a contract with respect to such products. You can place the products in the shopping cart without any obligation and, before placing the binding order, correct them at any time using the correction options offered and explained in the ordering process.
3.8 - The contract is made by clicking on the "Order" button.
3.9 - Clicking the order button implies acceptance of the offer for the goods in the shopping cart.
3.10 - Toolnation sends an automatic order confirmation upon receipt of the order via the email address provided by the buyer.
3.11 - The consumer has the option to cancel the order placed, taking into account the following;
3.11A - Once an order has been processed by the warehouse, cancellation is no longer possible.
3. 11B - When part of the order has already been sent by the seller, the delivered items must be returned at the buyer's expense.
3.11C - Only complete order lines of an order can be cancelled; partial cancellation of an order line is not possible.
3.11D - The consumer must notify the seller of the cancellation in writing through our customer service department.
3.11E - By law, the consumer has the right to use the right of cancellation as described in Article 11 of these general conditions.
3.11F - Taking into account Article 5.9, a set/bundle can only be cancelled in its entirety. It is not possible to cancel a part of the set/bundle ordered. It is also not possible to offset amounts.
3.11G - In compliance with Article 5, paragraph 9, in case of cancellation, the buyer is responsible for the return of any items already delivered from a set/bundle. In case of damages, Toolnation/seller has the right to charge a minimum of 30% of the purchase amount of the product, excluding VAT.
3.12 - Errors or apparent errors in the offer are not binding on the seller.
3.13 - Purchase contracts with business customers cannot be dissolved. Commercial customers are excluded from consumer law. In case of cancellation of a purchase contract for specially ordered items, the seller will charge a cancellation fee of at least 25% of the purchase price.
3.14 - Items marked with an *, with delivery times of 3 to 6 business days, are not physically in stock and are specially ordered for the buyer. Cancellation/withdrawal of these items is only possible by agreement with the seller.
Article 4 - Prices
4.1 - Unless otherwise agreed in writing, the prices shown are exclusive of VAT.
4.2 - Increases in wages, social security contributions, raw materials, exchange rates, government levies (particularly taxes), freight and/or customs tariffs that occur after our offers have been made will be passed on to our counterparty for those goods which, at the time the increase takes effect, are still to be delivered by us (Toolnation).
Article 5 - Delivery, delivery time and warranty
5.1 - Unless otherwise agreed, deliveries of products from the seller's Internet store are subject to the following shipping charges for deliveries in the BENELUX or Germany.
5.1A - Orders of EUR 50.00 or more (including VAT) are shipped free of charge.
5.1B - For orders less than €50.00 (including VAT), shipping charges are €9.00.
5.1C - For orders of less than 30.00 € (VAT included), shipping costs are 13.00 €.
5.1D - Shipping costs will be indicated separately at the time of payment.
5.1E - For products of exceptional weight and size or requiring additional handling (e.g. lawnmowers, table saws, undercarriages, compressors, etc.), shipping costs will be charged.
5.1F - Free products are free only in combination with purchased merchandise. When the goods ordered are cancelled, the right to the free product is forfeited.
5.2 - Damage during the delivery of the order.
5.2A - All goods travel at the expense and risk of the purchaser.
5.2B - For consumers, if goods are delivered with visible damage due to transportation, the buyer must, if possible, immediately report the damage to the deliveryman/shipper and also to the seller. The buyer's failure to report does not affect the buyer's legal rights and their enforcement, particularly with regard to warranty rights. Notification of the above helps the seller to enforce his rights against the carrier or freight insurance company.
5.2C - For entrepreneurs; the risk of accidental loss and unintentional deterioration of the shipment is transferred to the consignee as soon as the shipment has been delivered to the carrier, transporter or any other person or entity responsible for carrying out the delivery.
5.2D - A duty of inspection and complaint applies to traders. Visible damage. Defects or shortages must be reported to us within a reasonable time, but as quickly as possible. If the buyer does not report it, the goods are considered approved and accepted, unless it is a defect that could not be detected during examination. This does not apply if the seller fraudulently conceals a defect.
5.3 - If delivery is made from the seller's warehouse, delivery is made by making the goods available to the buyer; acceptance must take place within 30 days after the buyer has been informed that the goods are ready. If acceptance does not take place on time, the buyer will be in default by the mere lapse of three days from the sending of a written notice by the seller, without the need for a default notice. The seller will then have the right, without legal intervention, to cancel the contract for the part of the order not yet performed, by a simple notification, without prejudice to our right to compensation.
5.4 - The delivery times indicated by the seller are not binding and are purely indicative. Exceeding the delivery time shall never entitle the purchaser to any compensation, dissolution of the contract, or breach of any obligation that may arise to the purchaser from this or any other agreement related to this contract; nor shall the purchaser have the right, by virtue or otherwise of any court authorization, to carry out activities for the performance of this contract or to have them carried out by third parties.
5.5 - If delivery is made in parts, each delivery shall be regarded as a separate transaction with all its legal consequences.
5. 6 - Cases of force majeure, in particular seizures of any kind and for any reason, breakdowns in the company and/or delivery, fuel shortages, as well as all other unforeseen events in the seller's warehouse, in the companies from which the seller procures goods or raw materials - and on the railways, any other impediments or delays in transportation - as well as the non-delivery of goods by our suppliers, strikes and lockouts, export and import bans and/or restrictions, fires or accidents, mobilizations, wars, riots, or imperative provisions of law shall give the seller the right to cancel all or part of its delivery obligations permanently or temporarily or to postpone their performance and to extend them in the case of purchase in parts, the purchase period shall be extended for the time of the interruption.
5.7 - Legal warranty applies. Information on any additional warranties and their applicable conditions can be found on each individual product or on the seller's information pages.
5.8 - For orders of multiple items where individual items have different delivery times, partial deliveries may be sent. The buyer cannot choose a preference in this regard.
5.9 - If the buyer orders a set/bundle (compound item) where the set is only partially available, the part of the set in stock will be sent by the seller.
5.10 - Transportation damage on delivery must be reported to customer service within 1 business day of receipt. If the customer reports it after 1 business day, the product must be returned by the customer and evaluated in consultation with the workshop, then through the normal warranty/repair procedure.
5.11 - Return shipments must always be reported through customer service.
5.12 - Costs are charged for orders that are returned without registration. Costs for returning an unneeded order/product are 25%.
Article 6 - Extended Reservation of Title
6.1 - The goods delivered by the seller shall remain the property of the seller until the buyer/customer has satisfied all claims the seller may have against the buyer on any account, including any interest and costs.
6.2 - As long as the seller owns the goods, the buyer is not authorized to pledge the goods to third parties or to transfer ownership of the goods except in accordance with the seller's normal business or normal use of the goods.
6.3 - If and when the customer fails to fulfill its payment obligations or does not fulfill them on time, the seller shall be irrevocably authorized, without notice of default or legal intervention, to take back the delivered goods.
6.4 - If a third party wishes to exercise rights to the goods as long as they are owned by the seller, the other party shall notify us without delay.
6.5 - Full payment as referred to in paragraph 1 may be made only if the amount due has been fully received by the seller. Therefore, the issuance of bills of exchange or other commercial paper, debited from the account or otherwise, cannot be considered a payment.
Article 7 - Payment
7.1 - Payments shall be made by one of the following methods of payment:
7.1A - IDEAL
7.1B - Advance payment by bank
7.1C - PayPal
7.1D - Credit card (VISA, MasterCard, American Express, Maestro)
7.1E - Bancontact/Mister Cash
7.1F - Giropay
7.1G - Klarna
7.1H - Cash (when picking up in store)
7.2 - Failure to pay an invoice by the due date will automatically result in the immediate collection of all amounts due from the purchaser, including any other invoices.
7.3 - Payments will be used first to cover costs and interest incurred and only then to cover deliveries made, it being understood that such payments will always be settled against the oldest invoices.
7.4 - Notwithstanding the foregoing provisions, the seller reserves the right at all times to demand from the purchaser, at the time of delivery, payment or guarantees for outstanding payments. or guarantees for outstanding payments of other pending or outstanding orders, particularly if, in the opinion of the seller, the credit given to the purchaser is too high.
7.5 - In case of extrajudicial collection, the other party shall owe, in addition to the principal and interest, 15% collection fees on the outstanding principal plus VAT due.
7.6 - In case of judicial collection, including a bankruptcy petition, in addition to court fees, the other party shall also owe interest and extrajudicial fees.
7.7 - If the buyer fails to pay on time and even if he is declared bankrupt, files for a moratorium, sells his business or liquidates it, or if one or more goods are seized, the seller may suspend the obligation to deliver or cancel the contract for the part not yet delivered by a simple notification, without prejudice to the right to performance or compensation.
7.8 - The seller reserves the right to require guarantees of payment during the course of the contract and, if these are not satisfactorily provided, to suspend delivery until such guarantees have been provided.
7.9 - Orders will be processed only after payment has been made; some payment methods may possibly cause a longer delivery time.
Article 8 - Complaint Procedure
8.1 - Claims for incomplete delivery due to apparent defects in the goods must be communicated in writing to the seller by the buyer without delay, but at the latest within eight days after receipt of the goods.
8.2 - For defects for which claims can no longer be processed, warranty obligations relating to such defects shall lapse.
8.3 - The right to claim lapses as soon as the goods have undergone further processing, assembly or installation, or have been stored improperly.
8.4 - Paragraph 7 of Article 4 shall apply to the handling of complaints.
8.5 - If claims are not filed in accordance with paragraph 1 above, or if the seller is not given an opportunity to examine the material relating to the claim, the right to file a claim and/or warranty shall be forfeited.
8.6 - A claim does not give the buyer the right to refuse acceptance or to defer receipt or payment for the goods.
8.7 - The right of complaint lapses 6 months after receipt of the goods.
8.8 - A buyer who fails to fulfill his obligations under the contract with the seller shall forfeit his right to claim.
Article 9 - Liability
9.1 - If goods delivered by the seller are defective or flawed, the seller shall, at its option, replace them ex works or pay compensation up to a maximum of the invoice value of the goods in question, if and to the extent that the seller's suppliers appear willing and able to do so.
9.2 - If the goods delivered by the seller are defective, the seller will also be liable for any damages suffered by the buyer as a result, unless:
9.2A - The product was not put into circulation by the seller.
9.2B - In view of the circumstances, it is likely that the defect causing the damage did not exist at the time the product was put into circulation by the seller or that the defect arose later.
9.2C - The product was not manufactured by the seller for sale or any other form of distribution for economic purposes, nor was it manufactured or distributed in the course of the seller's profession or business.
9.2D - The defect is a consequence of the product complying with mandatory government regulations.
9.2E - Based on the state of scientific and technical knowledge at the time the seller put the item into circulation, it was impossible to discover the existence of such a defect.
9.3 - With respect to damage that a buyer may suffer as a result of a defect in a product sold by the seller that is not due to any fault of the seller, but is a consequence of a defect in the raw materials and/or parts procured by suppliers or the manufacturer and used in the goods supplied by the seller and that are actually defective, the seller shall be liable for the damage that a buyer may suffer as a consequence only to the extent that the manufacturer or supplier can be held liable by the seller and this manufacturer or supplier in turn actually compensates the seller for the damage suffered.
9.4 - The seller's liability, as defined in the preceding paragraphs, shall be reduced or eliminated taking into account all the circumstances if the damage is caused either by a defect in the product or by the fault of the buyer or a person for whom the buyer is responsible.
9.5 - The liability defined in paragraph 2 of Article 8 shall exist only for:
9.5A - Damage caused by death or personal injury
9.5B - Damage caused by the product to another object normally intended for private use or consumption and also primarily used or consumed in private by the purchaser with the application of a deductible of €573.00.
9.6 - Seller shall not, however, be liable for any direct or indirect damage suffered by Buyer as a result of any failure of Seller to perform its obligations. The buyer shall indemnify the seller against any liability to third parties.
9.7 - The purchaser must provide solid and explicit proof of the damage/defect, its cause, and the connection between the defect and the damage.
9.8 - All machines come with a manufacturer's warranty established by the manufacturer/supplier. Claims and/or warranties are void if the machine is misused or not maintained according to instructions or if third parties repair or disassemble the machine.
9.9 - Carbide tools and drill chucks are excluded from the warranty.
Article 10 - Disputes
10.1 - All disputes, including those which are only regarded as such by one of the parties, shall be settled by the ordinary court in Maastricht.
10.2 - The European Commission offers an online dispute resolution platform which can be found at https://ec.europa.eu/consumers/odr/ . The vendor is neither obliged nor willing to participate in a dispute settlement procedure before a disputes committee for consumer affairs..
10.3 - For traders; all disputes arising from or relating to an offer or commitment to which these general terms and conditions apply or concerning the conditions themselves and their interpretation or implementation will be decided by the competent court in the district of our registered office.
Article 11 - Right of withdrawal
11.1 - The right of withdrawal applies to private consumers only if it is part of consumer legislation.
11.2 - Purchases made with the intention of using them for commercial purposes are excluded from the right of withdrawal.
11.3 - The consumer has the right to use the right of withdrawal within 14 days of receipt of the ordered goods without giving any reason to cancel the order.
11.4 - The consumer must send the return shipment within 14 days from when the withdrawal was made known to the seller. For an item consisting of several parts, the day of receipt of the last part applies.
11.5 - Return shipping costs are the responsibility of the buyer/sender in case of withdrawal.
11.6 - In case of damage, Toolnation/seller has the right to charge costs in the amount of at least 30% of the purchase price of the item, excluding VAT.
11.7 - Toolnation/the seller will refund all payments made by the consumer, including any delivery costs charged for the returned item, promptly but no later than 14 days from the day the consumer made the withdrawal known.
11.8 - Unless the seller offers to pick up the item himself/herself, the seller may wait to refund the consumer until he/she has received the return shipment or until the consumer proves that he/she has returned the item, whichever situation occurs first.
11.9 - Refunds by the seller will be made using the same means of payment used by the consumer when purchasing the item, unless otherwise agreed. The refund is free of charge to the consumer.
11.10 - In order to exercise the right of withdrawal, the consumer must inform the seller (Toolnation, Aziëlaan 8, 6199AG Maastricht-Airport (NL), firstname.lastname@example.org, +31 85 237 15 00 (customer service)), by an unequivocal statement, of the decision to withdraw from the contract. The consumer may use the model withdrawal form, which is not mandatory.
11.11 Model withdrawal form:
(Complete and return this form only if you wish to withdraw from the contract)
Consulting firm Dirks BV
(Address of Toolnation distribution center: ,Aziëlaan 8, 6199AG Maastricht Airport.
I/we (*) hereby inform you (*) that I/we (*) wish to withdraw from our agreement concerning the
sale of the following merchandise(*): [Product + item number]*
Ordered on(*)/ Received on(*)
[Name(s) of consumer(s) (*)]
[Address of consumer(s)]