XXLhoreca only take goods back if unopened, in the original packaging (complete and undamaged). When returning products is 20% of the purchase price charged may be incurred or to be (shipping) costs not reimbursed. We therefore ask you to pay attention to what you order, the size thereof, the weight, dimensions, etc. If anything is unclear or unsure about anything, please contact our customer service.
Professional (gas) - equipment must be connected by their certified installers, otherwise void the warranty.
We deliver to the business market. Individuals can order from us, but here apply business rules. Include shipping costs are not reimbursed in return.
Article 1. General
1. These conditions apply to any tender offer and agreement between ........., hereinafter referred to as "User", and a Party which user has declared these conditions applicable, insofar as these conditions are not parties expressly and in writing deviated.
2. These conditions also apply to agreements with user, the execution of which requires the involvement of third parties.
3. These general conditions are also written for the employees of User and its management.
4. The applicability of any purchase or other conditions of the other party is explicitly rejected.
5. If one or more conditions in these general conditions have been wholly or partially invalid at any time or could be destroyed, then it remains, in these terms and conditions are fully applicable. User and the other party will enter into negotiations to agree new provisions to replace the invalid provisions, as much as possible comply with the purpose and intent of the original provisions.
6. If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, then the explanation must be found "in the spirit of these provisions.
7. If there is a conflict between parties that is not regulated in these terms and conditions, should be assessed the situation in the spirit of these terms and conditions.
8. If User does not always demand strict compliance with these conditions, this does not mean that its provisions do not apply, or that user to any degree would lose the right to otherwise demand strict compliance with the provisions of these terms .
Article 2 Offers and Deals
1. All bids and offers of user are free, unless a deadline for acceptance of the offer. A tender offer expires if the product on which the offer or the offer relates, in the meantime is no longer available.
2. User can not be held to its offers if the other party can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error.
3. In a bid or offer prices are exclusive of VAT and other government levies, to make possible under the contract costs, including travel and subsistence, shipping and handling, unless otherwise indicated.
4. If the acceptance (whether or not to subordinate items) from the offer included in the offer or the offer then User is not bound. The agreement is not in accordance with this deviating acceptance, unless the user indicates otherwise.
5. A compound quotation shall not oblige user to execute part of the assignment against a corresponding part of the price. Offers or quotations do not automatically apply to future orders.
Article 3 Contract Duration; delivery, implementation and modification agreement
1. The agreement between User and the Other is for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. For the completion of certain work or the delivery of certain agreed or specified a time limit, this is never a deadline. When a term is exceeded the Other User therefore writing in default. User a reasonable period should be offered to still implement the agreement.
3. If user requires information from the other party for the implementation of the agreement, the implementation period shall begin no earlier than after the Other it is accurate and complete to User.
4. Delivery shall be ex works user. The party is obliged to accept the goods at the time they are made available. If the other party refuses or fails to provide information or instructions necessary for delivery, User is entitled to store the goods at the expense and risk of the other party.
5. User has to perform certain activities by third parties.
6. The user is entitled to the agreement to be carried out in several stages and to invoice the thus carried out separately.
7. If the agreement is carried out in phases to user, the execution of the parts that belong to the next stage until the other party of the results of the preceding phase has been approved in writing.
8. If during the execution of the agreement shows that it is necessary for the proper implementation thereof to amend or supplement, then parties will proceed swiftly and in mutual agreement to amend the Agreement. If the nature, scope or content of the agreement, or not, etc., is changed, the competent authorities on request or indication of the Other and the agreement is modified qualitatively and / or quantitatively, this can also have consequences for what was originally agreed. This may initially agreed amount can be increased or decreased. User will advance them as much as possible quotation. By amending the agreement may also change the initial period of implementation. The Other Party accepts the possibility of amending the agreement, including the change in price and time of execution.
9. If the agreement is amended, including a supplement, it is entitled to first implement this after agreement has been given by the user has agreed within competent person and the other party to the price and other conditions specified for implementation , including it to determine when it will be given to that implementation. Failure or not immediately implement the amended agreement does not breach of User and the Other is not grounds to terminate the contract. Without being in default, User can refuse a request to amend the agreement if it qualitatively and / or quantitatively a result example, could for that context to work or to be delivered.
10. If the other party in default should be in the proper performance of which which he held towards User, then the party will be liable for any damages (including costs) on the side of User thereby directly or indirectly.
11. If the User with the other party agrees a fixed price, then User is nevertheless always entitled to increase this price without the other party is entitled in this case to the agreement to terminate this reason, if the increase resulting from the price a power or duty under any law or regulation or is caused by an increase in the price of raw materials, wages, etc., or other grounds that were not reasonably foreseeable at the conclusion of the agreement.
12. If the price other than as a result of a change of the contract is more than 10% and occurs within three months after the conclusion of the agreement, it is only the other party that makes a claim on Title 5, Section 3 of Volume 6 of the BW entitled agreement by a written notice, unless user then still willing to implement the agreement based on the originally agreed, or if the price increase resulting from a power user or an obligation under the law or if stipulated that the episode is longer than three months after the purchase.
Article 4 Suspension, dissolution and termination of the contract.
1. User shall be authorized to suspend or terminate the agreement on the fulfillment of the obligations, if:
- the Other Party does not fully or timely comply with the obligations under the agreement;
- After the conclusion of the contract user learns of circumstances giving good ground to fear that the other party will not fulfill its obligations;
- the other party in concluding the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security or insufficient;
- If the delay can no longer be demanded of User, the part of the Other that he will fulfill the contract against the originally agreed conditions, is entitled to terminate the agreement.
2. Furthermore, User is entitled to terminate the agreement if circumstances arise of such nature that fulfillment of the contract impossible or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably User be required.
3. If the agreement is dissolved, the user's claims against the Other immediately due and payable. If user suspends fulfillment of the obligations, he retains his rights under the law and agreement.
4. If User proceeds to suspension or dissolution, he is in no way liable for damages and costs it incurred in any way.
5. If the dissolution is attributable to the other party is entitled to compensation for damages, including costs, thereby directly and indirectly.
6. If the other party from the agreement does not fulfill obligations and to justify this failure termination, User is entitled to terminate the agreement with immediate effect without any obligation to pay any damages or compensation, while the other party, by virtue of default, or for damages or compensation is required.
7. If the agreement is terminated by User, User will in consultation with the Other arrange for transfer of additional work to third parties. Unless the termination is attributable to the other party. If the transfer of work for additional user costs incurred, they will be charged to the other party. The Counterparty shall pay such costs within the period mentioned, unless user indicates otherwise.
8. In case of winding up, (application for) suspension of payment or bankruptcy of attachment - if and to the extent that the attachment has not been removed within three months - at the expense of the other party, of debt or other circumstance that the other party is not longer freely about his ability available, the user is free to the agreement to terminate with immediate effect or to cancel the order or agreement, without any obligation to pay any damages or compensation. The user's claims against the Other in that case immediately due and payable.
9. If the other party cancels all or part of an order placed, then the appropriate order or ready-made things, increases with the potential to drain and delivery costs and the reserved time for the execution of the contract, integral to the Other Party are being brought.
Article 5 Force Majeure
1. User is not obliged to fulfill any obligation to the other party if he is being hampered due to a circumstance that is not due to negligence, and not under the law, a legal act or generally accepted practice in traffic accounted for comes.
2. Force majeure is defined in these terms, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which user can not influence but which prevents user is unable to fulfill its obligations to come. Strikes by User or third party in the company. User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the contract occurs after the user should have fulfilled his obligation.
3. User can during the period that the force majeure continues to suspend obligations under the agreement. If this period lasts longer than two months, then each party is entitled to terminate the agreement without any obligation to pay damages to the other party.
4. Insofar user at the time of the force majeure its obligations under the Agreement has been partially fulfilled or will fulfill, and to fulfill or to meet part independent value, is entitled to the already performed or to be performed part of a separate bill. The other party is obliged to pay this invoice as if it were a separate agreement.
Article 6 Payment and collection costs
1. Payment must be made within 14 days after the invoice date on a user to give way in the currency of the invoice, unless otherwise specified by the user. User is entitled to periodic billing.
2. If the other party fails to timely pay an invoice, the other party is legally in default. The Other is then an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest. The interest on the due amount will be calculated from the time that the other party is in default until the moment of payment of the full amount owed.
3. User has the right to have the payments made by the other party in the first place to reduce the costs, then deducting the interest and finally to reduce the principal and accrued interest.
4. User can, without being in default, to refuse an offer of payment if the Other a different order for the allocation of the payment. User can refuse full payment of the principal, if not also the cases and accrued interest and collection costs.
5. The Other is never entitled to set off the amount due to User.
6. Objections to the amount of a bill to suspend the payment obligation. The other party who does not appeal to Section 6.5.3 (Articles 231 and 247 of Book 6 BW) is not entitled to the payment of a bill to suspend any other reason.
7. If the party in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court on behalf of the other party. The extra costs are calculated on the basis of what is usual in the Dutch collection in practice, the calculation method currently II report. However, if User has made higher costs for collection has been reasonably necessary, the actual costs recoverable. Any judicial and execution costs will also be recovered from the other party. The Party is also owe interest on the collection costs.
Article 7 Retention
1. All users goods supplied under the contract shall remain the property of the Other User until all obligations under the user agreement (s) is properly implemented.
2. User delivered, made pursuant to paragraph 1. the property, may not be resold and must never be used as currency. The Party is not entitled to pledge under retention of title or encumber in any other way.
3. The Other is always to do what it can reasonably be expected of him in order to secure the property rights of User.
4. If third parties seize wish to establish rights goods delivered under retention of title or exercise, then the other party is obliged to immediately notify User.
5. The other party is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request to user for inspection. Any payment of the insurance User is entitled to these tokens. Insofar as necessary, the Party undertakes to ensure advance towards User to cooperate with all that that framework should be (found) necessary or desirable.
6. In case user wishes to exercise his ownership rights mentioned in this article, the other party to designate in advance unconditional and irrevocable consent to User and User third parties to enter the places where user's property is located and to take back.
Article 8 guarantees, research and advertising, limitation
1. The User to be delivered shall meet the usual requirements and standards that can be made reasonably at the time of delivery and in which they normally use in the Netherlands. The guarantee mentioned in this article applies to matters that are intended for use within the Netherlands. When outside the Netherlands has to verify the other party itself or the use is suitable for use there, and comply with the conditions which they are made. User may then other guarantees and other conditions in respect of the supply business or to work.
2. The guarantee referred to in paragraph 1 of this Article shall apply for a period of ......... after delivery, unless the nature of the delivered otherwise or the parties have agreed otherwise. If produced by a guarantee given by user concerns a third party, then the guarantee is limited to those that will be provided by the manufacturer of the case, unless stated otherwise.
3. Any form of guarantee will lapse if a defect is caused by or resulting from improper or inappropriate use or use after the expiration date, improper storage or maintenance by the other party and / or third parties when, without written permission from user, the other party or third parties have made changes to the case or have tried to bring that other cases were confirmed to be not confirmed or if they were processed or modified other than as prescribed. The other party is not entitled to warranty if the defect is caused by or arising from circumstances where no user can influence, including weather conditions (such as but not limited to, extreme rainfall or temperatures) et cetera.
4. The other party is obliged to (do) investigate immediately the moment that things are made available and the relevant activities are carried out. While the other party must examine whether the quality and / or quantity of the product corresponds with what was agreed and meets the requirements of the parties thereto have agreed. Any visible defects within seven days after delivery to be reported in writing to User. Any defects are not visible immediately, but in any case, within fourteen days, after detection thereof, to be reported to user. The report must contain a detailed description of the defect, so that user is able to respond adequately. The Other is user set (do) a complaint the opportunity studies.
5. If the other party timely complaint, suspend its payment obligation. The other party in that case also required to accept and pay for the otherwise ordered.
6. If a defect notification is made, then the other party is not entitled to repair, replacement or compensation.
7. If it is established that a case is weak and that respect good time, then user the poor, within a reasonable time after the return receipt or, if return is not reasonably possible, written notification of the defect by the other party, the choice of user, replace or repair thereof or replacement fee to the Other comply. In case of replacement, the other party is obliged to return the replaced good to user and transfer ownership of it to User, unless user indicates otherwise.
8. If it is established that a complaint is unfounded, then the costs it incurred, including research costs, on the side of user cases, for the account of the client.
9. After the warranty period, all costs for repair or replacement, including administration, shipping and call costs are charged to the client.
10. Notwithstanding the statutory limitation periods, the limitation of all claims and defenses against User and the User by third parties involved in the execution of a contract for one year.
Article 9 Liability
1. If User is liable, this liability is limited to what is stated in this provision.
2. User is not liable for damages of whatever nature, created by User is incorrect and / or incomplete information provided by or on behalf of the other party.
3. If User is liable for any damage, then the liability shall be limited to twice the invoice value of the order, at least for that portion of the order which the liability relates.
4. User's liability is always limited to the amount paid by its insurer, as appropriate.
5. User is solely responsible for direct damage.
6. Direct damage is only the reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions, any reasonable expenses incurred for the poor performance of the User to the agreement, insofar as this can be attributed to user and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these expenses resulted in mitigation of direct damage under these conditions.
7. User is never liable for indirect damages, including consequential damages, lost profits, lost savings and loss due to business interruption.
8. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of User or his senior subordinates.
Article 10 Transfer of Risk
1. The risk of loss, damage or loss is transferred to the Customer at the moment things to the Other in the power of the Party.
Article 11 Safeguard
1. Other indemnify the User for any claims by third parties who suffer in connection with the execution of the agreement and whose cause other than attributable to User.
2. If the user for that reason should be addressed by a third party, then the other party to assist User account both outside and in law and immediately what to do it for him in that case can be expected. Should the other party fail to take adequate measures, then User, without notice, entitled themselves doing so. All costs and damage the part of users and third parties, are for the account and risk of the other party.
Article 12 Intellectual Property
1. User reserves the rights and powers which he is entitled under the Copyright and other intellectual laws and regulations. User has the right to be brought by the execution of an agreement at his side increased knowledge for other purposes, provided that no strictly confidential information of the other party to third parties.
Article 13 Applicable law and disputes
1. All legal relationships where User is a party, only Dutch law, also if a contract wholly or partly abroad or if there is domiciled party involved in the relationship. The applicability of the CISG is excluded.
2. The judge in the place of User shall have exclusive jurisdiction over disputes, unless the law requires otherwise. User shall nevertheless be entitled to submit the dispute to the competent court according to law.
3. The parties will first appeal to the courts after they settle have done their utmost dispute by mutual agreement.
Article 14 Right of Return
Consumers have the right to return item (s) within 14 days without giving any reason.
Article 15 Location and change policy
1. These conditions are registered with the Chamber of Commerce ....
2. Applicable is the last registered version or the version valid at the time of the conclusion of the legal relationship with User.
3. The Dutch text of the general conditions is decisive for its interpretation.
Article 16 Ordering parts and repair of products by third parties
We do not guarantee loose parts are ordered. Also, we do not return items if the item is not compatible with your device or other reasons. Please pay particular attention well on which part you ordered and that this component is also intended for the device in your possession. We also give no guarantee on products repaired by third parties or by yourself.
Article 17 Delivery
1. It is important for the state of the package (including content) immediately check / receipt for any damage and / or inaccuracies. If any damage to the product which is not visible from the outside, then it is necessary for us to this are notified within 24 hours (due to damages to the conveyor).
2. The shipment to refuse if the packaging is visibly damaged and / or does not correspond to the ordered product. Press and put errors on the website reserved. XXLhoreca (part of JUMA International BV) always has the right to cancel an action.
Company Registration number 58573909 Registered in Amsterdam VAT number NL853095048B01