Article 1: Applicability
1.1 In these terms and conditions the following terms shall have the following meanings:
- "Engineerinshop.nl": Engineerinshop.nl BV, established in Hoorn and registered in the trade register as a trade name under the Talpa Group BV under number 37142227;
- "product" or "products": the materials and/or other items offered or supplied by Engineerinshop.nl;
- "customer": the (potential) purchaser of Engineerinshop.nl products, whether a consumer or a business customer in the sense referred to below;
- "consumer": a customer, being a natural person who is not acting in the exercise of a trade, profession, business or craft activity, as well as any person who acts in his name or on his behalf;
- “business customer”: a customer who is not a consumer within the meaning referred to above.
1.2 These terms and conditions apply to all offers from Engineerinshop.nl and to all agreements concluded with Engineerinshop.nl.
Article 2: Offers, orders and agreements
2.1 All offers from Engineerinshop.nl are without obligation. Orders and acceptances of offers by the customer are irrevocable.
2.2 An agreement between Engineerinshop.nl and the customer is concluded after the customer has provided all the information requested by Engineerinshop.nl and Engineerinshop.nl has confirmed the order to the e-mail address provided by the customer.
2.3 Inaccuracies in the order confirmation from Engineeringshop.nl must be reported in writing to Engineeringshop.nl by a business customer within 7 days after the date of the order confirmation, otherwise it will be deemed that the agreement is correctly and completely represented and the business customer is bound by it.
Article 3: Information and conformity
3.1 Information provided by Engineerinshop.nl regarding colours, dimensions and other properties is approximate and without obligation.
3.2 Images, descriptions, catalogues, advertising material, offers and the information included on the website(s) of Engineerinshop.nl, in whatever form, do not bind Engineerinshop.nl.
3.3 If the products ordered by the customer are intended for use outside the Netherlands, the customer must ensure that the products and the associated packaging, manuals, etc. comply with all regulations set for them in the country of destination. The use of the products and the conformity with the government regulations is at the customer's risk.
Article 4: Intellectual property
4.1 All intellectual and industrial property rights relating to the products and their design, and to everything that Engineerinshop.nl develops, manufactures or supplies, including manuals, packaging, catalogues and images, belong to Engineerinshop.nl.
4.2 The customer is not permitted to remove or change any indication concerning patents, copyrights, brands, trade names or other intellectual or industrial property rights from the products. The customer is prohibited from using brands, logos and/or images of the products in or for the purpose of advertising for third-party products.
4.3 The intellectual property rights relating to the Engineerinshop.nl website(s), the design thereof and the descriptions, images, photographs, video clips and other information included on the Engineerinshop.nl website(s), in whatever form, belong to or have been licensed by Engineerinshop.nl or a company affiliated with Engineerinshop.nl and may not be used without the permission of Engineerinshop.nl.
Article 5: Prices
5.1 The (purchase) price owed by the customer and additional costs for transport, VAT, (warranty) insurance and any other costs or surcharges are clearly stated in the order confirmation and invoice from Engineerinshop.nl.
5.2 The prices stated on the Engineerinshop.nl website are without obligation and are subject to change.
Article 6: Delivery time
6.1 Delivery times stated shall commence as soon as Engineerinshop.nl has received the purchase price owed by the customer and any additional costs on its bank account. Delivery times shall not be regarded as fatal terms. Exceeding the delivery time shall not oblige Engineerinshop.nl to pay damages and shall not give the customer the right not to fulfil or suspend his obligations arising from the agreement.
6.2 A consumer is entitled to terminate the agreement if and to the extent that Engineerinshop.nl has not fulfilled the agreement within 30 days after the initially stated or agreed delivery time.
Article 7: Delivery of products
7.1 The products will be delivered to the address stated in the order confirmation. The customer is obliged to accept the products immediately upon arrival at the place of destination. At the moment of delivery, the risk passes to the customer.
7.2 Unless otherwise agreed in writing, delivery will take place on the public paved road at ground level. The customer guarantees that the circumstances and facilities on site are sufficient to enable delivery on that basis. In the event of other delivery circumstances, Engineerinshop.nl is entitled to qualify this as a case as referred to in article 7.4, or to still proceed with delivery against payment of an additional fee from the customer to Engineerinshop.nl in the amount of 20% of the purchase price including taxes, without prejudice to the right of Engineerinshop.nl to recover all costs and damages from the customer.
7.3 If a product ordered by the customer is not (any longer) available or not available within a reasonable period of time, Engineerinshop.nl will, if reasonably possible, deliver a product equivalent to the ordered product for the same price.
7.4 If the customer does not accept the products or does not come/have them collected, they will be stored for as long as Engineerinshop.nl deems it desirable at the expense and risk of the customer. In this case, Engineerinshop.nl has the authority at all times to either demand compliance with the agreement or to dissolve the agreement (out of court), all this without prejudice to its rights to compensation for the damage suffered and the lost profit, including the costs of storage.
7.5 Engineerinshop.nl is not obliged to honour a request from the customer for re- or subsequent delivery. If Engineerinshop.nl nevertheless proceeds to do so, the associated costs will be borne by the customer.
7.6 Engineerinshop.nl is authorized to execute an agreement in parts and to demand payment for that part of the agreement that has been executed.
Article 8: Force Majeure
8.1 If Engineerinshop.nl is prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the execution of the agreement, or to dissolve it in the event that it will not be able to fulfill within 30 days after the indicated delivery date. In such cases, the customer is not entitled to compensation for damages, costs or interest.
8.2 Force majeure includes: fire, flooding, accident or illness of personnel, business disruption, stagnation in transport, problems with delivery or transport unforeseen by Engineerinshop.nl and the late delivery of goods or services by third parties engaged by Engineerinshop.nl.
8.3 If Engineerinshop.nl has already partially fulfilled its obligations or can only partially fulfil its obligations when the force majeure situation occurs, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate agreement.
Article 9: Warranty and complaints
9.1 Engineerinshop.nl guarantees the soundness of the delivered products in accordance with what the customer may reasonably expect based on the agreement and in accordance with the conditions of the manufacturer's warranty belonging to the product. Should defects nevertheless occur in a product delivered by Engineerinshop.nl as a result of manufacturing and/or material errors, then it will repair or replace the product in whole or in part in accordance with the conditions of the manufacturer's warranty.
9.2 The warranty is valid for the period of the manufacturer's warranty applicable to the product and only upon presentation of the original invoice from Engineerinshop.nl.
9.3 In any case, the warranty does not cover defects that occur in or are (partly) the result of normal wear and tear, failure to observe the instructions in the manual, improper use, repair or other work by third parties or by the customer without prior written permission from Engineerinshop.nl. Engineerinshop.nl is not liable for (damage resulting from) these defects.
9.4 The customer must inspect the delivered products immediately upon receipt. Any complaint regarding the quantity of delivered products and transport damage must be noted on the consignment note or delivery note upon delivery, failing which the consignment note or delivery note will constitute conclusive evidence against the customer of the fact that the correct quantity of products has been received and that these products have been received free of transport damage.
9.5 The customer must submit any complaints about the products to Engineerinshop.nl within a reasonable time after discovery. A reasonable time is understood to mean a period of 30 days after the customer discovered the defect or should reasonably have discovered it. Failure to complain in a timely manner results in the loss of rights to repair, dissolution and/or (damage) compensation.
9.6 If the customer complains, he is obliged to offer Engineerinshop.nl the opportunity to perform an inspection to determine the shortcoming. The customer is obliged to keep the products about which the complaint was made available to Engineerinshop.nl, under penalty of forfeiture of any right to complain and/or replacement.
9.7 Returns to Engineerinshop.nl of sold products, for whatever reason, can only take place after prior written approval by Engineerinshop.nl, stating the return number assigned by Engineerinshop.nl and exclusively on the basis of a return request in accordance with the return procedure described on the Engineerinshop.nl website. In the event of a return request, the customer must provide all the information described in the return procedure. Engineerinshop.nl reserves the right not to honor return requests. Shipping or transport and all associated costs are at the customer's expense. The products remain at the customer's risk at all times. Engineerinshop.nl will reimburse the transport or shipping costs approved by it if it is established that there is an attributable shortcoming on the part of Engineerinshop.nl.
Engineerngshop.nl reserves the right to make any credit resulting from returns, after deduction of administration and processing costs of 15% of the price of the returned goods, with a minimum of € 100,-- (one hundred EURO), plus any costs resulting from repair of damage to the goods or packaging attributable to the Client.
9.8 The customer must notify Engineerinshop.nl in writing of any inaccuracies in invoices from Engineerinshop.nl within 7 days of the invoice date, failing which the customer will be deemed to have approved the invoice.
9.9 Complaints do not suspend the customer's payment obligations. 9.10 After discovering a defect in a product, the customer is obliged to do everything that prevents or limits damage, expressly including any immediate cessation of use and trading.
9.11 These warranty provisions apply without prejudice to the rights that the consumer has under the law and from which no deviation may be made or the legal presumption that they are unreasonably onerous is confirmed by the court.
Article 10: Liability
10.1 Except as provided in Article 9, the customer has no claim against Engineerinshop.nl due to defects in or relating to the products supplied by Engineerinshop.nl.
10.2 Engineerinshop.nl is never liable for personal injury or property damage, immaterial damage, consequential damage (loss of income, stagnation damage, etc.) and other indirect damage, arising from any cause whatsoever, unless there is gross negligence or intent on the part of Engineerinshop.nl.
10.3 All advice given on the website(s) of Engineerinshop.nl or statements and information made about, among other things, the properties of products to be supplied by Engineerinshop.nl are entirely without obligation and are given without any guarantee. Engineerinshop.nl is not liable for any direct or indirect damage resulting from the provision of information and/or advice.
10.4 In all cases in which Engineerinshop.nl is obliged to pay compensation, this will never be higher than the invoice value (excluding VAT) of the delivered products in connection with which damage was caused. If the damage is covered by Engineerinshop.nl's business liability insurance, the compensation will also never be higher than the amount actually paid out by the insurer in the case in question.
10.5 Any claim against Engineerinshop.nl, unless acknowledged by Engineerinshop.nl, shall lapse after a period of 12 months from the date the claim arose.
10.6 These liability provisions apply without prejudice to the rights that the consumer has under the law and from which no deviation may be made.
Article 11: Retention of title
11.1 Engineerinshop.nl reserves the ownership of the delivered and to be delivered products until all its claims with respect to delivered and to be delivered products have been paid in full by the customer, including claims due to failure to comply with one or more agreements.
11.2 If the customer fails to fulfil his obligations, Engineerinshop.nl is entitled to (have) the products belonging to it retrieved from the place where they are located at the customer's expense.
Article 12: Payment
12.1 Payment for the products must be made before delivery and exclusively in the manner specified by Engineerinshop.nl.
12.2 If no timely payment is received, the customer shall owe interest on the invoice amount equal to the statutory commercial interest, calculated from the due date up to and including the day of payment, without further notice of default.
12.3 All costs associated with the collection shall be borne by the customer. The extrajudicial collection costs shall amount to at least 15% of the amount to be collected with a minimum of € 150.
12.4 The customer waives any right to offset amounts owed to each other.
12.5 Payments made by the customer will first be applied to the costs due, then to the interest due and then to the oldest outstanding claims, even if the customer states that the payment relates to another claim.
Article 13: Cancellation and cooling-off period
13.1 A business customer may not cancel the purchase of products.
13.2 A consumer may, without giving reasons, terminate the purchase of products in cases involving distance selling within the meaning of article 7:46d of the Dutch Civil Code, within seven working days of receipt of the products. If the consumer makes use of this termination option, he must report this to Engineerinshop.nl in accordance with the return procedure described on the Engineerinshop.nl website and return the product to Engineerinshop.nl no later than 30 days after his notification of termination, stating the return number obtained via the return procedure. The purchase amount paid by the consumer will be refunded to the consumer within 30 days after termination, minus the shipping and administration costs described in the return procedure. Termination is not possible with regard to products that are damaged, are no longer in the original and unopened packaging, have been used or have become unsuitable for sale. Engineerinshop.nl is entitled to refuse returned products that are no longer in the condition in which they were delivered to the consumer, including the original packaging, manuals and warranty certificates, and to deduct any reduction in value and/or return shipping costs from the amount to be refunded.
13.3 Engineerinshop.nl is not responsible for the processing times that banks use when handling refunds.
Article 14: Privacy and security
14.1 Engineerinshop.nl respects the privacy of the customer. Engineerinshop.nl will process the personal data of the customer in accordance with the applicable privacy regulations and with the Privacy Statement that can be viewed on the website of Engineerinshop.nl. The customer agrees to this processing of his personal data. To protect the personal data of the customer, Engineerinshop.nl uses appropriate security measures.
Article 15: Final provisions
15.1 The nullity or voidability of any provision of these conditions or of agreements to which these conditions apply, shall not affect the validity of the other provisions. Engineerinshop.nl and the customer are obliged to replace provisions that are null and void or have been annulled by valid provisions that have as much the same purport as the null and void or annulled provision as possible.
15.2 The place of performance of the agreement is deemed to be the place where Engineerinshop.nl is established.
15.3 All agreements concluded by Engineerinshop.nl are exclusively governed by Dutch law.
15.4 All disputes between Engineerinshop.nl and the customer will be settled exclusively by the competent court in the Netherlands. In deviation from this, Engineerinshop.nl is authorized to turn to the court of the customer's place of residence/place of business, if that place of residence/place of business is outside the Netherlands.Engineerinshop.nl.
