General terms and conditions of NovaCustom BV
General Terms and Conditions of NovaCustom BV, established in Sint Isidorushoeve (Haaksbergen), The Netherlands.
Version valid from 3/25/2018
1.1 These general terms and conditions apply to every offer from NovaCustom BV and to every agreement concluded between NovaCustom BV and the consumer. The conditions are accessible to everyone and included on the website of NovaCustom BV. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. NovaCustom BV reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by NovaCustom BV.
1.4 NovaCustom BV guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 In accordance with the rules of the distance purchase, NovaCustom BV will execute orders at least within 30 days, unless a different delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The obligation to deliver from NovaCustom BV will be met, subject to proof to the contrary, as soon as the goods delivered by NovaCustom BV have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. After this period, the customer still has 14 days to send the goods. The period starts when the ordered items have been delivered. Before proceeding to return, the customer is obliged to report this in writing to NovaCustom BV within the period of 14 working days after receipt. If the buyer within the trial period of 14 days after receipt has not reported using the legal return right, then the purchase is a fact.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he makes use of his right of withdrawal, he must have returned the product within 14 days, after confirming the return of the products in writing that must be done within 14 days of the purchase, in accordance with the reasonable and provided by the entrepreneur clear instructions.
The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the customer, NovaCustom BV retains the right to charge a value reduction. With due observance of the provisions in the previous sentence, NovaCustom BV will ensure that the contents of the return shipment are explicitly stated on the proof of return within 14 days after the receipt of the return shipment or 14 days after proof of return refund. Upon return of the entire purchase, the full purchase amount including any calculated shipping and / or payment costs will be reimbursed to the buyer. If only part of the purchases received are returned, only the purchase value of the returned items will be reimbursed. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely for the account and risk of the buyer.
4.2 The right of withdrawal does not apply to:
- service contracts, after full performance of the service, and only when the performance has begun with the express prior consent of the consumer and the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the contract;
- goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence and which may occur within the withdrawal period
- sealed audio / video or software carriers whose seal has been broken
5. Data management
5.2 NovaCustom BV respects the privacy of users of the website and ensures confidentiality of your personal information.
5.3 In some cases, NovaCustom BV may use a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
6.2 A scheme offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the trader’s obligations to the trader under the law and / or the distance agreement.
6.3 If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to NovaCustom BV) must report these defects in writing to NovaCustom BV within 2 months of discovering the defect. The goods must be returned in the original packaging (including accessories and accompanying documentation). Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be justified by NovaCustom BV, NovaCustom BV will repair or replace the delivered goods free of charge at the option of the consumer. Any liability of NovaCustom BV in the event of damage is limited to no more than the invoice amount of the goods in question, or (at NovaCustom BV’s option) to the maximum amount covered by NovaCustom BV’s liability insurance in the relevant case. Any liability of NovaCustom BV for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 NovaCustom BV is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards NovaCustom BV; B) the buyer has the delivered goods repaired or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of NovaCustom BV and / or instructions on the packaging;
6.7 NovaCustom BV provides a standard 2-year warranty on the components, unless stated otherwise in the offer. It is possible that different warranty periods apply to different components.
6.8 NovaCustom BV’s screen warranty applies to the operation of the screen. In some cases, a dead pixel may appear on the screen. NovaCustom BV offers a standard 30-day warranty for this: if a dead pixel is visible on the screen in the period from receiving the order to the thirty days thereafter, NovaCustom BV will grant a replacement of the screen free of charge, provided that the other warranty conditions have not been breached .
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, NovaCustom BV reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind NovaCustom BV after they have been confirmed explicitly and in writing.
7.4 Offers from NovaCustom BV do not automatically apply to repeat orders.
7.5 NovaCustom BV cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between NovaCustom BV and a customer is established after an order assignment by NovaCustom BV has been assessed for feasibility.
8.2 NovaCustom BV reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.
9. Images and specifications
9.1 All images; photos, drawings etc .; data concerning weights, dimensions, colors, images of labels, etc. on the website of NovaCustom BV are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 NovaCustom BV is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of NovaCustom BV as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force majeure.
10.3 In the event of force majeure, NovaCustom BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. In no case is NovaCustom BV obliged to pay any fine or compensation.
10.4 If NovaCustom BV upon the commencement of the force majeure has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the customer is obliged to pay this invoice as it concerned it a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 NovaCustom BV is not liable for damage to vehicles or other objects caused by incorrect use of the products.
12. Retention of title
12.1 Ownership of all goods sold and delivered by NovaCustom BV to the buyer remains with NovaCustom BV as long as the buyer has not paid the claims of NovaCustom BV under the agreement or earlier or later similar agreements, as long as the buyer has performed or still to perform work from these or similar agreements has not yet been fulfilled and as long as the customer has not yet paid the claims of NovaCustom BV due to a shortcoming in the fulfillment of such commitments, including claims with regard to fines, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by NovaCustom BV which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to NovaCustom BV or a third party to be appointed by NovaCustom BV to, in all cases in which NovaCustom BV wishes to exercise its ownership rights, to enter all those places where its properties will be located and those matters to take there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform NovaCustom BV of this as soon as can reasonably be expected.
12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection on first request to NovaCustom BV
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between NovaCustom BV and the buyer that cannot be resolved in mutual consultation, a competent court within the region will take note, unless NovaCustom BV prefers the difference to the competent court of the place of residence of subject the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.