1.1. These General Conditions are applicable to all
transactions of Technotrading Schiedam BV with third parties for the sale
or purchase of products, services or any other agreement. These general terms
and conditions are also applicable for any offer or proposal of Technotrading
Schiedam towards potential customers.
1.2. The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing prior to the agreement, in which case the other provisions of these General Terms and Conditions will remain in full force and effect.
1.3. General Conditions handled by the buyer or any
other contract party Technotrading Schiedam BV is working with, are not
applicable unless explicitly written agreed by Technotrading Schiedam BV.
1.4. "Buyer" is understood to mean any natural person or legal entity who is or will be in a contractual relationship of whatever nature with Technotrading Schiedam BV as a contracting party.
1.5. Technotrading Schiedam BV reserves the right to amend or supplement the General Terms and Conditions from time to time.
1.6. By placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations associated therewith.
1.7. Technotrading Schiedam BV is authorized to make use of third parties in the context of the execution of an agreement with the Buyer.
1.8. These General Terms and Conditions may have been translated from the Dutch language into another language. In the event of possible differences in the texts as a result of the translation, the Dutch text and interpretation of the General Terms and Conditions will prevail.
2. The offer and conclusion of agreements
2.1. Offers or quotations should be regarded as an
invitation to (potential) buyers to make an offer, and will be valid for 30
days (unless agreed differently). The offer or quotation will become invalid in
case it has not been accepted by the (potential) buyer within the said period. Technotrading
Schiedam BV is in no way bound to an invalid offer, unless it is clearly
written and recorded otherwise.
2.2. Technotrading Schiedam B.V. can decide to work
with pricelists for specific customers. Only Technotrading Schiedam BV can decided
whether to work with a pricelist or not. In case Technotrading Schiedam BV will
work for a specific customer with a pricelist, only the latest pricelist will
be valid and only for the period as mentioned in the specific pricelist, in
addition the validity of the pricelist will never be longer than 13 months.
After this term the pricelist is no longer valid. Technotrading Schiedam BV
reserves the right to amend the prices in the pricelist earlier than the
mentioned period in case there are changes in the price of raw materials,
fabrication or otherwise.
2.3. An acceptance or agreement by the Buyer with an offer, quotation or quotation from Technotrading Schiedam B.V. as referred to in Article 2.1, is also established in one of the following circumstances:
If the potential Buyer has entered the data on the appropriate entry screen of one of the Internet sites of Technotrading Schiedam BV via the relevant data module ("order form"), which order form he has sent to Technotrading Schiedam BV electronically. If the aforementioned order form has been received by Technotrading Schiedam BV, an agreement has been concluded.
The potential Buyer has expressly passed on his order for a specific product and/or service to Technotrading Schiedam B.V. by telephone, which order will be recorded by e-mail by Technotrading Schiedam B.V.
An offer has been signed by the Buyer and sent by post or otherwise to and received by Technotrading Schiedam BV.
2.4. An agreement is established at the time an order is
confirmed to the Buyer or, in case the offer is done through the website, an
e-mail was sent to the email address specified by the Buyer. This Agreement may
be revoked by Technotrading Schiedam BV in case the Buyer does not meet the
conditions or has met in the past. In that case, Technotrading Schiedam BV will
inform Buyer within ten (10) days after receipt of the order.
2.5. Buyer and Technotrading Schiedam BV expressly agree
that by using electronic communication a valid agreement is established as soon
as the conditions in Article 2.3 and 2.4 are satisfied. In particular, the lack
of a signature does not affect the binding force of the offer and its
acceptance. The electronic files of Technotrading Schiedam BV apply here, so
far as the law allows, as a presumption of evidence. Correspondence via the
e-mail is considered to be similar to normal written correspondence and will
have the same legal value as normal written correspondence.
2.6. Information, images, oral communications, statements,
etc. regarding all items and the main characteristics of the products that are
provided by telephone or e-mail are displayed or described as accurately as
possible. Technotrading Schiedam BV does not guarantee that all offers and
products are consistent with the provided information. Deviations cannot lead
to compensation and/or dissolution.
3.1. All prices are expressed in euros, in accordance with the relevant legal regulations, and are exclusive of turnover tax and exclusive of any costs for shipping, transport, export or otherwise.
3.2. Special offers are only valid while stocks last.
3.3. The Buyer must pay the price that Technotrading
Schiedam BV has confirmed and communicated in accordance with Article 2.4 of
these conditions. Obvious errors in the price or offer, such as obvious
inaccuracies, can even after the completion of the agreement be corrected by
Technotrading Schiedam BV.
3.4. Delivery costs in the broadest sense of the word are not included in the price. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This will be clearly communicated to the Buyer.
4.1. Unless agreed otherwise payment will be made in
advance before delivery by Technotrading Schiedam BV. For the orders via de
websites/webshops of Technotrading Schiedam BV this payment can be made in the
1. via iDeal
Technotrading Schiedam BV may extend the payment
options in the future. Other payment options will be made known through the website.
In case payments are made from countries outside the Netherlands all additional
costs and bank charges will be for the Buyer.
4.2 Payment by invoice can only be used if the conditions of such methods - including a credit check and authentication and authorization of the potential Buyer are met.
4.3. Technotrading Schiedam BV uses a standard credit term
of 30 days, unless otherwise agreed in writing. In case a payment period is
agreed by Technotrading Schiedam BV, it holds that by the mere expiry of this
period the Buyer is in default, even without further notice of Technotrading
Schiedam BV. Payment terms can only be agreed in writing under then to be agreed
4.4. Failure to pay or late payment by the Buyer will be
counted form the day the payment should have been completed to the date of full
payment on the outstanding interest of 2.00% per month, where a partially month
will be counted for a full month.
4.5 All (extra-)judicial (collection) costs of whatever nature that Technotrading Schiedam BV has had to incur as a result of the Buyer's failure to fulfill its (payment) obligations will also be borne by the Buyer.
4.6 In the event of late payment, Technotrading Schiedam BV is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs owed.
5. Delivery and delivery time
5.1. Orders are delivered as quickly as possible. In
principle Technotrading Schiedam BV aims to send orders placed before 14.00 on
a business day on the same day if the product is on stock. This is only valid
in the Netherlands. Buyer will be informed in case the delivery time will be
longer than required. The delivery time is indicative, therefore, no rights can
be derived from it. Technotrading Schiedam BV can mention more information on
delivery times on the internet site or in writing. However, such information is
5.2. If a product is temporarily out of stock,
Technotrading Schiedam BV will announce when the product will be available again.
Technotrading Schiedam BV strives to announce delays to the Buyer within one
workday through e-mail or by telephone.
5.3 Deliveries are made to the address specified by the Buyer during the conclusion of the agreement.
5.4. Once the products have been made available to the
Buyer at the specified address of the Buyer, in the sense that the Buyer can
take control over the product, the risk for the product will pass over to the
5.5 Collection is possible on working days between 09.00 and 17.00.
6. Inspection obligation Buyer
6.1. The buyer is obliged to inspect (or make inspect) the products immediately after delivery.
7. Satisfaction Guarantee
7.1. The Buyer will have a satisfaction warranty
during the first two weeks after delivery of the products by Technotrading
Schiedam BV. During this period the Buyer (or his representative or other
receiver of the products) will take good care of the products and the packing
or boxes the products are packed in. He will only unpack the products as far as
necessary to judge whether the products function according expectation and
specification. In case the Buyer wants to return the goods, he will redeliver
the goods, including all the accessories and belongings – as far as possible –
in its original state, in the original boxes (or packing), to Technotrading
Schiedam BV. Following the instructions as provided by Technotrading Schiedam
7.2 Technotrading Schiedam BV is never liable for any damage - including theft or loss - that occurs to the packaging or the product when it is returned.
7.3 The costs for returning the product are for the account of the Buyer.
7.4. If the Buyer has used the right of withdrawal as
mentioned in the previous paragraph, Technotrading Schiedam BV takes care of
the reimbursement of the paid amount by the Buyer within 30 days.
8. Retention of title
8.1. Ownership of the property is passed to the Buyer,
notwithstanding the actual delivery, after he has completely fulfilled all
conditions specified under any agreement with Technotrading Schiedam BV,
including payment of interest and costs, previous or later deliveries and
possible proceedings performed or to be performed regarding the products.
8.2 The Buyer may not encumber, alienate, pledge or otherwise encumber the products with any limited right before the ownership thereof has passed.
9. Warranty and Liability
9.1 Technotrading Schiedam BV. guarantees that the goods are in good condition at the time of delivery and meet the requirements set by the Dutch government.
9.2. Technotrading Schiedam BV is never obliged to pay compensation or
compensate in any other form for damages to Buyer, unless there is
gross negligence on the side of Technotrading Schiedam BV. In case
Technotrading Schiedam BV is forced for whatever reason, to compensate, in this case
compensation will never be higher than the net amount on the invoice for the
product which is damaged or caused the damage. Technotrading Schiedam BV is
never liable for consequential damages. Liability as described above will only
be considered in case the product bought from Technotrading Schiedam BV has
been used correctly, according the instructions, and only in case there is
gross negligence at the side of Technotrading Schiedam BV
9.3. Technotrading Schiedam BV is not liable for any
consequential damages, trading losses, indirect damages, loss of profit or
turnover. This is not only applicable for the sale and or purchase of products,
but also for any other agreement made by Technotrading Schiedam BV in writing
or not, for the repair or service of products.
9.4 Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
If changes have been made in or to the product, including repairs that are not authorized by Technotrading Schiedam BV. whether the manufacturer has been carried out;
If the original invoice cannot be submitted, has been changed or has been made illegible;
If defects are the result of use that does not correspond to the intended purpose or of improper use;
If damage is caused by intent, gross negligence or negligent maintenance.
Wear and tear can be considered a normal result in connection with regular use;
In case Technotrading Schiedam B.V. is requested to carry out a repair or service to an item or to goods, which were initially not approved by Technotrading Schiedam B.V. has been delivered or sold.
9.5. The Buyer is obliged to safeguard Technotrading Schiedam BV from any possible claim by third parties regarding the implementation of the
agreement against Technotrading Schiedam BV, as far as the law does not preclude the damages and costs to be borne by the Buyer.
9.6. It is possible that Technotrading Schiedam BV links to other Internet sites on its Internet site Technotrading.nl, that
may be interesting or informative for the visitor. Such links are purely informative. Technotrading Schiedam BV is not responsible for the content of the website referred to or the use that can be derived from it.
10. Force majeure
10.1. In case of circumstances outside Technotrading
Schiedam BV’s control, in case of force majeure, Technotrading Schiedam BV is
not obliged to meet its obligations to the seller, or the obligation is
suspended for the duration of the force majeure.
10.2. Force majeure includes any circumstance beyond
Technotrading Schiedam BV ‘s control which prevent fulfilling the obligations
towards the Buyer partially or completely. Those circumstances include strikes,
fires, business disturbances, power failures, failures in (telecommunications)
networks or connections or communications and/or at any time unavailability
from the website, non or late delivery by suppliers or other third parties and
the lack of any governmental issued license.
11. Intellectual Property
11.1. The Buyer acknowledges that all intellectual
property rights to the information, communications or other expressions
relating to the products and/or the website of Technotrading Schiedam BV, its
suppliers or other claimants lie with Technotrading Schiedam BV.
11.2. Intellectual property includes patents,
copyrights, trademarks, designs and design rights and/or other (intellectual
property) rights, including whether or not patentable technical and/or
commercial know-how, methods and concepts.
11.3. The Buyer is prohibited to use or make changes
in the intellectual property rights as described in this article, such as
reproduction without explicit prior written consent of Technotrading Schiedam
BV, its suppliers or other claimants unless this is for private use of the
12. Personal data
12.1 The data you enter on the websites of Technotrading Schiedam BV will only be used for processing your order or for sending requested information. The information is not provided to third parties.
12.2. Technotrading Schiedam BV will follow the
applicable rulings of the privacy legislation.
13. Applicable law and competent court
13.1 All offers and agreements are exclusively governed by Dutch law.
13.2 The applicability of the Vienna Sales Convention on Contracts for the International Sale of Goods (UN Convention 1980) is expressly excluded.
13.3. All disputes related to or arising from an offer by Technotrading Schiedam BV or an agreement with Technotrading Schiedam BV, will be submitted to the competent court of the Court of Rotterdam, location and seat Rotterdam.