Terms and Conditions NTZ Nederland BV
- NTZ Nederland BV: NTZ, selling party, located in Rotterdam under Dutch Chamber of Commerce number 24232909.
- Customer: purchasing party, the party with whom NTZ has concluded an agreement.
- Parties: NTZ and customer jointly.
Applicability terms and conditions
- These conditions apply to all offers, special offers, work activities, orders, agreements and deliveries of products by or on behalf of NTZ.
- Parties can only deviate from these conditions if this is agreed upon in writing.
- Parties expressly rule out the applicability of additional and/or deviating conditions of the customer.
All the material which is located on the website, including texts, logos, photos, images and domain name, are protected by the Intellectual Property Act. It is not allowed for the material on the website to be copied, changed or distributed without first acquiring written permission from NTZ
- All prices which NTZ uses are in euro, are net prices including transport costs and are excluding any previous costs such as administration costs and other levies, unless expressly specified otherwise or agreed upon otherwise.
- All prices which NTZ uses for products, can be changed at all times.
- Increases of cost prices or transport costs, which NTZ could not envision at the time of making the special offers or at the time of the formation of the agreement, may lead to price increases.
If the customer has received a sample/model of the product, then no other rights can be derived from it than that it is an indication of the nature of the product, unless parties have expressly agreed that the products to be delivered correspond with the sample/model.
- The customer is required to pay immediately. As soon as the payment has been received, NTZ will ship the products.
- If the customer has not paid, NTZ will not ship the products.
- If the customer has already paid the products, and the order is rejected, then the customer will get the money refunded.
- Delivery of online ordered products takes place at the address specified by the customer.
- If the customer did not pay, the products will not be shipped until the agreed upon amount is paid.
- Risk of the delivery is borne by the customer.
- The delivery times indicated by NTZ are indicative and do not provide the customer with a right to dissolution or damages in the event of exceeding this delivery time, unless the parties expressly and in writing agree upon otherwise.
- The delivery time commences at the moment that the customer has fully completed the (electronic) order process and has paid and has also received an (electronic) confirmation from NTZ to this end.
- Exceeding the indicated delivery time does not provide the customer with a right to damages and also does not provide the right to dissolve the agreement.
The customer is required to ensure that the actual delivery of the products ordered by the customer can take place.
- Transport costs are at the expense of the customer, unless the parties have agreed on something else on the matter.
- Transport costs are included in the price, which is displayed on the webshop.
Packaging and shipment
If the packaging of a delivered product has been opened or damaged, then the customer, before receiving the product, should ensure that the carrier/deliverer note this down. In the event that this is missing, NTZ cannot be held liable for any damage to the filter. In the event of transport damage, the filter should never be fitted into the gearbox.
- If the customer only takes possession of the ordered products later than the agreed upon delivery date, then the risk of any loss of quality is borne entirely by the customer.
- Any extra costs of premature or belated taking possession of products is borne entirely by the customer.
- The warranty pertaining to products solely applies to defects, caused by unsound manufacturing, construction or material.
- The warranty does not apply in the event of normal wear and tear and of damage as a result of accidents, changes made to the product, negligence or incompetent use by the customer, as well as if the cause of the defect cannot be clearly ascertained.
- The warranty only applies to goods delivered by NTZ.
- Exchanging is only possible if the following conditions are met:
· Exchanging takes place within 14 days after purchase with submission of the original invoice;
· The product has not been taken out of the plastic packaging;
· The product is sent back in the original packaging.
- The 14 days commence at the moment at which the consumer receives the products.
- Products which have been used cannot be returned.
- If the customer wants to send back the products, the customer is responsible for the shipping costs.
- In the event of an occurrence of a shortcoming, the customer is required to notify NTZ within 1 month after observing the shortcoming, by email to email address email@example.com.
- The customer provides a description of the shortcoming as detailed as possible, to ensure that NTZ can respond to this adequately.
- The customer is required to show that the complaint relates to the agreement between the parties.
- NTZ will give feedback to the customer within 2 months after hearing about the shortcoming.
- NTZ is not liable for any loss or damage suffered by the customer.
- NTZ is never liable for indirect loss or damage, such as consequential loss or damage, lost profit, missed savings or loss or damage of third parties.
- All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply in approximation and cannot lead to damages and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to damages of NTZ lapses 12 months after the event from which the liability directly or indirectly follows.
Right to dissolution
- The customer has the right to dissolve the agreement whenever NTZ attributably fails in the performances of its obligations, unless this failure, considering its special nature or insignificant meaning, does not justify the dissolution.
- NTZ has the right to dissolve the agreement with the customer, if the customer does not fully or does not timely perform the obligations from the agreement, or if NTZ has taken note of the circumstances which provide good grounds to fear that the customer will not be able to adequately perform the obligations.
- In addition to the provisions in article 6:75 of the Dutch Civil Code, a shortcoming of NTZ in the performance of any obligations pertaining to the customer cannot be attributed to NTZ in a situation outside of the control of NTZ, because of which the performance of the obligations pertaining to the customer are obstructed in whole or in part or because of which the performance of the obligations cannot be reasonable demanded from NTZ.
- Counted as situation of force majeure as specified in paragraph 1 are also – but not exclusively – the following: state of emergency (such as civil war, insurrection, riots, natural disasters etc.); breach of contract and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unexpected transport problems, bad weather conditions and interruptions of work.
- If a situation of force majeure occurs, which would result in NTZ not being able to perform one or more obligations towards the customer, then these obligations are suspended until NTZ is once again to comply to them.
- In a situation of force majeure, NTZ does not owe any (damages) reimbursement, and this also applies if any benefit is enjoyed as a result of the situation of force majeure.
Change of the agreement
If after concluding the agreement, it turns out to be necessary for its execution to change or supplement its content, then the parties will adjust the agreement correspondingly in a timely manner and in joint consultation.
Change terms and conditions
- NTZ is entitled to change or supplement these terms and conditions.
- Changes of subordinate importance can be implemented at all times.
- Large substantive changes will be discussed with the customer by NTZ as much as possible in advance.
- In the event of a substantial change of the terms and conditions, consumers are entitled to terminate the agreement.
Transfer of rights
Rights of the customer from an agreement between the parties cannot be transferred to third parties without prior written consent from NTZ.
Consequences of voidness or voidability
- Whenever one or more provisions of these terms and conditions turns out to be void or voidable, this does not affect the other provisions of these conditions.
- A provision which is void or voidable, is in this case replaced by a provision which comes closest to what NTZ had in mind when drawing up the conditions at that time.
Applicable law and competent court
- The Dutch law exclusively applies to every agreement between the parties.
- The Dutch court in the district where NTZ is located/holds a practice/has its office has exclusive jurisdiction to rule on any disputes between the parties, unless the law prescribes otherwise by mandatory law.
Drawn up on 4 December 2019