Terms & Conditions
Article 1: Definitions
• Sortiva Demontage and Hergebruik BV, established in Alkmaar, Chamber of Commerce number 70997594, is referred to as seller in these general terms and conditions.
• The other party of the seller is referred to as the buyer in these general terms and conditions.
• Parties are seller and buyer together.
• The agreement means the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
• These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
• Deviation from these conditions is only possible if the parties have explicitly agreed in writing.
Article 3: Payment
• The full purchase price is paid by the buyer via an online store.
• Only when the seller has received confirmation from the online store that the buyer has paid the purchase price, will the seller give further execution to the order.
• As long as the seller has not received confirmation from the online store that the payment has been made, the buyer cannot derive any rights towards the seller.
Article 4: Offers, quotations and price
• Offers that appear in the web store are without obligation.
• Delivery times in offers are indicative and do not give the buyer the right to dissolution or compensation, if the parties have explicitly agreed otherwise in writing.
• The price stated in the shopping cart consists of the purchase price including the VAT due, delivery costs and any other government levies, expressed in euros (unless stated otherwise).
Article 5: Right of withdrawal
• The buyer is entitled to dissolve the agreement within 14 days after receiving the order without giving reasons (right of withdrawal). The period starts from the moment that the (entire) order is received by the buyer.
• There is no right of withdrawal if the products are tailor-made according to its specifications or have a short shelf life.
• Seller can use a seller's cancellation form. The seller is obliged to make this available to the buyer immediately after the buyer's request.
• The buyer will handle the product and the packaging with care during the cooling-off period. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
• After the product has been returned and accepted by the seller as a cancellation, the seller will pass this on to the web store, which will then take care of canceling the payment and confirming this to the buyer.
Article 6: Amendment of the agreement
• If it appears immediately after the order or during the execution of the agreement that the product is no longer in stock, then the seller will inform the buyer immediately.
• The buyer then has the right to immediately terminate the agreement, after which the seller will pass this on to the web store so that he can arrange for the payment to be canceled and confirmed to the buyer.
• If the seller can offer that, the buyer can also choose to have the delivery take place later, if the product is in stock again. The buyer then agrees to a later delivery on equal terms. Seller will inform buyer of the new expected delivery date. If the buyer finds that expected new delivery date too late, the buyer can still terminate the agreement, after which the seller will pass this on to the online store. The online store will then take care of canceling the payment and confirming it to the buyer.
Article 7: Delivery and transfer of risk
• As soon as the purchased item has been transferred by the seller to the delivery service or has been received by the buyer, the risk for the product is transferred to the buyer.
• The seller is no longer responsible for the product from the moment of the risk transfer.
Article 8: Research, complaints
• The buyer is obliged to inspect the goods delivered at the time of delivery, but in any case within the shortest possible time. In addition, the buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, at least that the quality and quantity meet the requirements that apply in normal (trade) traffic.
• Complaints with regard to damage, shortages or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 working days after the day of delivery of the goods.
• If the complaint is found to be well-founded, the seller has the right to either repair, re-deliver, or refrain from the delivery. The seller will pass on the delivery to the online store, which will then take care of canceling the payment and confirming this to the buyer.
• Minor and / or standard deviations and differences in quality, number, size or finish cannot be invoked against the seller.
• Complaints regarding a certain product have no influence on other products or parts belonging to the same agreement.
• No complaints will be accepted after the buyer has processed the goods.
Article 9: Samples and models
• If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided only as an indication, without the goods to be delivered having to meet that indication.
Article 10: Delivery
• Delivery takes place "ex factory / store / warehouse". This means that all costs are for the buyer.
• The buyer is obliged to recieve the delivery of the goods at the moment that the seller delivers them to him or has them delivered, or at the time when these goods are made available to him in accordance with the agreement.
• If the buyer refuses to receive the delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item for the account and risk of the buyer.
• If the goods are delivered, the seller is entitled to charge any delivery costs.
• If the seller needs information from the buyer for the implementation of the agreement, the delivery time starts after the buyer or the online store has made this information available to the seller.
• A delivery time specified by the seller is indicative. This is never a deadline. If the period is exceeded, the buyer must give the seller written notice of default.
• The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or do not attribute independent value to partial delivery.
Article 11: Force majeure
• If the seller cannot fulfill his obligations under the agreement due to force majeure, not in time or not properly, he is not liable for damage suffered by the buyer.
• Force majeure means in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer such as, for example, illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller's company.
• The parties also understand by force majeure that suppliers who are dependent on the seller for the performance of the agreement do not comply with the contractual obligations towards the seller, unless the seller can be blamed for this.
• If a situation as referred to above occurs as a result of which the seller cannot fulfill his obligations towards the buyer, then those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
• If the force majeure continues for longer than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12: Liability
• Any liability for damage arising from or in connection with the implementation of an agreement is always limited to the amount that is paid out in the relevant case by the liability insurance policy / policies concluded. This amount is increased by the amount of the deductible according to the relevant policy.
• The seller's liability for damage resulting from intent or willful recklessness on the part of the seller is not excluded.
Article 13: Applicable law
• Only Dutch law applies to this agreement between seller and buyer. The Dutch court has exclusive jurisdiction to hear the dispute.
• The applicability of the Vienna Sales Convention is excluded.
• If one or more provisions of these general terms and conditions are considered unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.