General terms and conditions

Article 1 - General

1.1 - These general terms and conditions apply to every offer made by the vendor and to every remote contract and order placed by consumers or traders via the vendor's web shop.
1.2 - General terms and 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 traders in future commercial relationships, subject to the need to make a formal prior declaration to this effect. Unless the contrary is expressly approved by the seller, the contractual validity of conflicting or supplementary general terms and conditions used by an enterprise cannot be accepted.

Article 2 - Company data/ identity

Toolnation is an online store and part of Handelsonderneming Dirks B.V., which focuses on selling 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 centre (not a visiting address)
Aziëlaan 8
6199AG Maastricht Airport (NL)
Phone: +31 85 237 15 00 (NL)
Phone: 00800 777 555 11 (EU)
Mail: info@toolnation.eu or contact via customer service

Director: Raymond Gelders

Article 3 - Offers and agreements

3.1 - The distance purchase agreement which is entered into by the consumer or trader comes into effect with Handelsonderneming Dirks B.V.
3.2 - All offers are without obligation or -if a term has been set- only binding for the said term.
3.3 - Agreements concerning the delivery of goods and/or services only come into effect after written confirmation by the vendor.
3.4 - Article 4.3 also applies to all agreements and offers entered into or made by our agents, representatives, intermediaries and/or resellers.
3.5 - The sizes, weights etc. shown are as accurate as possible. Possible minor deviations reserved.
3.6 - The content of the written confirmation sent by the vendor is binding for our other party, unless its accuracy is disputed in writing within eight days of dispatch.
3.7 - By presenting the products in the vendor's web shop, the vendor is making a binding offer to conclude a contract in relation to these products. You can place the products in the shopping cart without any obligation and, before placing your binding order, correct them at any time using the correction options offered and explained in the ordering process.
3.8 - The contract is formed by clicking on the order button.
3.9 - Clicking the order button implies acceptance of the offer regarding the goods in the basket.
3.10 - Toolnation sends an automatic order confirmation upon receipt of the order via the e-mail 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 a part of the order has already been sent by the vendor, the delivered items must be returned at the buyer's expense.
3.11C - Only complete order lines of an order can be cancelled, partial cancellations of 1 order line is not possible.
3.11D - The consumer must notify the seller of a cancellation in writing via our customer service
3.11E - By law, the consumer has the right to make use of the right of withdrawal as described in Article 11 of these general terms and conditions.
3.11F - Taking into account Article 5, paragraph 9, a set/bundle can only be cancelled in full completely. It is not possible to cancel a part of the ordered set/bundle. Nor is it possible to offset amounts.
3.11G - With due observance of Article 5, paragraph 9, in the event of a cancellation, the buyer is responsible for returning any items already delivered from a bundle/set. In case of damage, Toolnation/the vendor has the right to charge a minimum of 30% of the purchase amount of the product excl. VAT.
3.12 - Apparent mistakes or apparent errors in the offer are not binding for the vendor.
3.13 - It is not possible to dissolve purchase agreements with business customers. Business customers are excluded from consumer law. In the event of termination of the purchase contract for specially ordered items, the vendor will charge a cancellation fee of at least 25% of the purchase price.
3.14 - Items marked with an *, which have a delivery time of 3 to 6 business days, are not physically in stock and are specially ordered for the buyer. The cancellation/revocation of these items is only possible in consultation with the vendor.

 

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 vendor's internet store are subject to the following shipping costs for deliveries to the BENELUX or Germany.
5.1A - Orders of €50.00 (including VAT) or higher are shipped free of charge
5.1B - For orders less than €50.00 (including VAT), shipping costs are €9.00
5.1C - For orders less than €30.00 (including VAT), shipping costs are €13.00
5.1D - Any shipping costs will be shown separately at checkout.
5.1E - For products with exceptional weight, size or that require additional handling (e.g. lawn mowers, table saws, undercarriages, compressors, etc.), shipping costs will be charged.
5.1F - Free products are free only in combination with the purchased goods. When ordered goods are cancelled, the entitlement to the free product expires.
5.2 - Damage during delivery of the order
5.2A - All goods travel at the expense and risk of the buyer
5.2B - For consumers; if goods are delivered with visible transport damage, the buyer must, if possible, report this damage immediately to the delivery person/carrier and also to the seller. Failure by the buyer to make such notification will not affect the buyer's statutory rights and the enforcement thereof, in particular with respect to the statutory right to warranty. Notification of the above helps the vendor assert its rights against the freight carrier or the transport insurance company.
5.2C - For entrepreneurs; the risk of accidental loss and unintentional deterioration of the consignment is transferred to the recipient as soon as the consignment has been handed over to the carrier, the freight carrier or any other competent person or body responsible for the execution of the delivery.
5.2D - For traders, an examination and complaint obligation applies. Visible damages. Defects or shortages must be reported to us within a reasonable time but as quickly as possible. If the buyer does not notify, the goods are considered approved and accepted unless it concerns a defect that could not be detected during the examination. This does not apply if the seller fraudulently conceals a defect.
5.3 - If delivery is made from the vendor's warehouse, delivery takes place by making the goods available to the buyer; acceptance must take place within 30 days of the buyer being informed that the goods are ready. If acceptance does not occur on time, the buyer will be in default by virtue of the mere expiry of three days following the dispatch of a written warning by the vendor, without notice of default being required. The vendor will then be entitled, without legal intervention, to cancel the contract for the part of the order that has not yet been executed, by simple notification without prejudice to our right to compensation.
5.4 - The delivery times indicated by the vendor are not binding and serve only as an indication. Exceeding the delivery period will never give the buyer the right to any compensation, dissolution of the agreement or non-compliance with any obligation which may arise for the buyer from this or any other agreement related to this agreement; neither will the buyer be entitled, whether or not by virtue of authorisation by the court, to carry out activities for the execution of the agreement themselves or to have them carried out by third parties.
5.5 - If the delivery is made in parts, each delivery will be considered 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 in the delivery, lack of fuel, as well as all other unforeseen events in the vendor's warehouse, in the companies from which the vendor obtains its goods or raw materials -and on railroads, any other transport impediment or delay- as well as the non-delivery of the goods by our suppliers, strikes and lockouts, export and import bans and/or import restrictions, fire or accidents, mobilisation, war, riots or mandatory provisions of law will entitle the vendor to cancel all or part of his delivery obligations permanently or temporarily or to postpone their execution and to extend them in the event of purchase in parts, the purchase period will be extended by the time of disruption.
5.7 - The legal warranty applies. Information on any additional warranties and associated conditions which may apply can be found with each individual product or on the vendor's information pages.
5.8 - For orders of several items where individual items have different delivery times, partial deliveries may be sent. The buyer can not choose a preference for this.
5.9 - If the buyer orders a set/bundle (composed article) where the set is only partly available, the stocked part of the set will be sent by the seller.
5.10 - Transport damage to a delivery should be reported to the customer service within 1 business day after receipt. If the customer reports this after 1 business day, this product must be returned by the customer and be assessed in consultation with the workshop, so through the normal warranty/repair procedure.
5.11 - Return shipments should always be reported via the customer service.
5.12 - For orders that are returned without registration, costs are charged. The costs for returning an order/product unnecessarily are 25%.

Article 6 - Extended retention of title

6.1 - The goods delivered by the vendor will remain their property until the buyer/customer has fulfilled all claims that the vendor may have against the buyer for whatever reason, including any interest and costs.
6.2 - As long as the vendor is the owner of the goods, the buyer is not authorised to pledge the goods to third parties or to transfer the ownership of the goods other than in accordance with their normal business or the normal use of the goods.
6.3 - If and when the customer does not fulfil their payment obligations or does not fulfil them on time, the vendor will be irrevocably authorised, without notice of default or legal intervention, to take back the goods delivered.
6.4 - If a third party wishes to exercise rights in respect of the goods as long as they are the property of the vendor, the other party will be obliged to inform us of this without delay
6.5 - Full payment as referred to in paragraph 1 can only occur if the amount owed has been received in full by the vendor. The issue of bills of exchange or other commercial paper, debiting to a current account or otherwise, cannot therefore be regarded as payment.

Article 7 - Payment

7.1 - Payments must be made by means of one of the following payment methods:
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 collecting in store)
7.2 - Failure to pay an invoice by its due date will automatically result in the immediate exigibility of all amounts owed by the buyer, including those pursuant to any other invoices.
7. 3 - Payments will first be used to cover costs and interest incurred, and only then to cover deliveries made, on the understanding that such payments will always be settled against the oldest invoices.
7.4 - Without prejudice to the foregoing provisions, the vendor always retains the right to demand payment(s) or guarantees for outstanding payments from the buyer on delivery. or guarantees for outstanding payments of other current/outstanding orders, particularly if, in the vendor's opinion, the credit granted to the buyer is too high.
7.5 - In the event of extrajudicial collection, the other party will owe, in addition to the principal sum and interest, 15% collection costs on the outstanding principal sum plus the VAT due.
7.6 - In the event of judicial collection including a petition for bankruptcy, in addition to the judicial costs, the other party will also owe interest and extrajudicial costs.
7. 7 - If the buyer fails to pay on time and also if they are declared bankrupt, applies for a moratorium, sells their business or liquidates it or if one or more of their goods are seized, the vendor may suspend the obligation to deliver or cancel the contract for the part not yet delivered by simple notification, without prejudice to the right to performance or compensation.
7.8 - The vendor reserves the right to demand security for payment during the course of the contract and, if this is not provided satisfactorily, to suspend delivery until such security has been provided.
7.9 - Orders will only be processed once payment has been made, some payment methods may possibly cause a longer delivery time.

Article 8 - Complaints procedure

8.1 - Complaints about incomplete delivery due to apparent defects in goods must be communicated to the vendor in writing by the buyer without delay, but at the latest within eight days of receipt of the goods.
8.2 - For defects for which complaints can no longer be processed, the warranty obligations in respect of these defects will lapse.
8.3 - The right to complain will lapse as soon as the goods have undergone further processing, assembly or installation, or have been stored improperly.
8.4 - Paragraph 7 of Article 4 applies to the processing of complaints.
8.5 - If complaints are not made in accordance with paragraph 1 above, or if the vendor is not given the opportunity to examine the material relating to the complaint, any right to make a complaint and/or warranty lapses.
8.6 - A complaint does not give the buyer the right to refuse to accept or to postpone receipt or payment of the goods
8.7 - Any right to complain expires 6 months after receipt of the goods.
8.8 - A buyer who fails to fulfil any obligations under the contract concluded with the vendor will forfeit their right to complain.

Article 9 - Liability

9.1 - If the goods delivered by the vendor are defective or faulty, the vendor will, at its discretion, either replace them ex works or pay compensation up to a maximum of the invoice value of the goods concerned if and insofar as the vendor's suppliers appear willing and able to do so.
9.2 - If the goods delivered by the vendor are defective, the vendor will also be liable for any damage suffered by the buyer as a result, unless:
9.2A - The product was not put into circulation by the vendor.
9.2B - In view of the circumstances, it is likely that the defect which caused the damage did not exist at the time when the product was put into circulation by the seller or that the defect arose later.
9.2C - The product has not been manufactured by the vendor for sale or for any other form of distribution for an economic purpose, nor has it been manufactured or distributed in the exercise of the vendor's profession or business.
9.2D - The defect is a consequence of the fact that the product complies with mandatory government regulations.
9.2E - Based on the state of scientific and technical knowledge at the time when the vendor put the article into circulation, it was impossible to discover the existence of that defect.
9.3 - With regard to the damage a buyer may suffer as a result of a defect in a product sold by the vendor which is not due to the vendor's fault 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 vendor and which are in fact faulty, the vendor will only be liable for the damage a buyer may suffer as a result to the extent that the manufacturer or supplier can be held liable by the vendor and this manufacturer or supplier in turn actually compensates the vendor for the damage suffered.
9.4 - The vendor's liability as defined in the preceding paragraphs will be reduced or eliminated taking into account all the circumstances if the damage is caused both by a defect in a product and by the fault of the buyer or of a person for whom the buyer is liable.
9.5 - Liability as defined in paragraph 2 of Article 8 will exist only for:
9.5A - Damage resulting from death or bodily injury
9.5B - Damage caused by the product to another item which is normally intended for private use or consumption and which is also mainly used or consumed in private by the buyer with the application of a franchise amounting to €573.00
9.6 - The vendor will otherwise not be liable whatsoever for any direct or indirect damage suffered by the buyer as a result of any failure in the performance of the vendor's obligations. The buyer indemnifies the vendor against any liability towards third parties.
9.7 - The buyer must provide sound and explicit proof of the damage/defect, its cause and the connection between the defect and the damage.
9.8 - All machines are supplied with a manufacturer's warranty established by the manufacturer/supplier. Claims and/or warranties lapse if the machine is abused or not maintained according to the instructions or if third parties repair or disassemble the machine.
9.9 - Hard metal 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 where it is part of the consumer legislation.
11.2 - Purchases with the intention to use for business purposes are excluded from the right of withdrawal.
11.3 - The consumer has the right to use the right of withdrawal within 14 days after 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 after the withdrawal has been made known to the vendor. For an item consisting of several parts, the day of receipt of the last part applies.
11.5 - The shipping costs for a return are at the expense of the buyer/sender in case of a withdrawal.
11.6 - In case of damage, Toolnation/the vendor 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 vendor will refund all payments made by the consumer, including any delivery costs charged for the returned item promptly but within 14 days following the day the consumer has made the withdrawal known.
11. 8 - Unless the vendor offers to collect the item itself, the vendor may wait to refund the consumer until the return shipment has been received or the consumer demonstrates that the item has been sent back, whichever is earlier.
11.9 - The refund by the vendor will be made using the same means of payment used by the consumer when purchasing the product, unless otherwise agreed. The repayment is free of charge for 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), info@toolnation.eu, +31 85 237 15 00 (customer service)), by means of an unequivocal statement, of the decision to withdraw from the contract. The consumer can make use of the model withdrawal form, which is not obligatory.
11.11 Model form for withdrawal:

(complete and return this form only if you wish to withdraw from the agreement)

To:

Handelsonderneming Dirks BV

(Toolnation)
(return) address Toolnation distribution centre: ,Aziëlaan 8, 6199AG Maastricht Airport

I/ We (*) hereby inform (*) you that I/we (*) wish to withdraw our agreement regarding

the sale of the following goods(*): [Product + item number]*

Ordered on (*)/ received on(*)

[Date]
[Name(s) of consumer(s)(*)]
[Address of consumer(s)]

(*) strike out what is not applicable.

 

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