General Terms and Conditions - Dutch Broadcasting Company

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General Terms of Delivery and Conditions for Goods New or Used.

If you buy you agree to the following Terms and Conditions:

 

1. Applicability

1.1 These General Terms and Conditions apply to all offers made by Dutch Broadcasting Company and to all agreements entered into with Dutch Broadcasting Company.

1.2 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products, if expressly indicated.

1.3 The provisions of these General Terms and Conditions may only be deviated from if expressly agreed in writing and in which case the other provisions of these Terms and Conditions shall remain in full force and effect.

1.4 If the Buyer also refers to his general terms and conditions, these terms and conditions do not apply unless they have been expressly agreed to in writing by Dutch Broadcasting Company.

1.5 The Dutch Btoadcasting Company's website focuses on the international market in addition to the Netherlands.

1.6 "Buyer" is understood to mean any visitor to the Internet site or any natural or legal person who has entered or will enter into a contractual relationship of any kind with EuroCameraCranes.

1.7 Dutch Broadcasting Company reserves the right to amend or supplement these terms and conditions from time to time.

1.8 By using the website of Dutch Broadcasting Company and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.

1.9 Dutch Broadcasting Company is authorised to make use of third parties in the performance of an agreement with Buyer.

2. Offers and formation of agreements

2.1 Offers or quotations must be considered as an invitation to the potential Purchasers to make an offer. Dutch Broadcasting Company is not bound by this in any way, unless this has been laid down in writing and unambiguously. Acceptance by the potential Purchaser of the invitation to make an offer shall be deemed to be an offer and shall only lead to the formation of a contract if the other provisions of this article have been met.

2.2 Offers are valid as long as stocks last. In the case of offers made via the website, this will be made known by telephone, fax or e-mail.

2.3 A registered quotation has a validity of 2 weeks, unless another term is stated in the quotation.

2.4 An offer by the potential buyer as referred to in Article 2.1 shall be deemed to have been made in one of the following circumstances:

- the potential Purchaser has indicated exactly which product and/or service he wishes to receive;

- a quotation has been signed by the Buyer and received by Dutch Broadcasting Company in the event that a registered quotation has been made by Dutch Broadcasting Company;

- the potential Purchaser has entered the data on the appropriate Internet site entry screen and the relevant data ("order form") has been sent to EuroCameraCranes Dutch Broadcasting Company by electronic means and has been received by Dutch Broadcasting Company.

2.5 A contract is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the internet site, has been sent by e-mail to the email address provided by the Buyer.

2.6 Buyer and Dutch Broadcasting Company expressly agree that by using electronic forms of communication a valid agreement is concluded as soon as the conditions in Clauses 2.4 and 2.5 have been met. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Dutch Broadcasting Company will, to the extent permitted by law, be considered as a presumption of proof.

2.7 Information, images, communications provided orally, by telephone or by e-mail and statements of applicability with regard to all offers and the most important characteristics of the products shall be (displayed) or made as accurately as possible. However, Dutch Broadcasting Company does not guarantee that all offers and products fully comply with the given information or applicability. In principle, deviations cannot give rise to compensation and/or dissolution.

3. Prices

3.1 All prices are expressed in Euros, in accordance with the relevant statutory regulations, and are exclusive of turnover tax.

3.2 Special offers are only valid for the period of validity as stated in the offer. This statement shall be printed out or made available on the Internet site relating to that special offer. These periods always correspond to each other.

3.3 The Buyer owes the price that Dutch Broadcasting Company has communicated to it in its confirmation in accordance with article 2.5 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Dutch Broadcasting Company after the conclusion of the agreement.

3.4 Delivery costs are not included in the price.

3.5 Orders will be shipped uninsured. If the Buyer wishes to obtain insurance, he must notify Dutch Broadcasting Company of this in writing.

3.6 Dutch Broadcasting Company may be required to levy certain statutory contributions on some of its products. Such contributions are not included in the price and will be expressly mentioned on the internet site.

4. Payment

4.1 Orders placed via the website can be paid for in the following ways: via the webshop in advance or by transferring the Buyer's bank to the bank of Dutch Broadcasting Company.

A cash on delivery payment shall be made in cash or in a manner to be determined by the carrier. A cash on delivery may be refused if it has not been ordered or if the amount to be paid does not correspond. For other refusals, the Buyer will be charged the administrative and shipping costs incurred.

Prepayment is made by transferring the order amount based on the order number to:

Bank account Dutch Broadcasting Company : NL13 INGB 0004 6176 65

After receipt of the payment, the order is processed and the goods are shipped.

Payment methods other than cash on delivery may only be used if the conditions of such methods, including a check on the creditworthiness of the potential Purchaser, have been met.

Dutch Broadcasting Company can expand the payment methods in the future. Other means of payment will be announced on the Internet site or by means of a written communication from Videoholland.

4.2 If a payment term has been agreed upon by Dutch Broadcasting Company, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed at that time.

4.3 In the event of non-payment or late payment by Buyer, the day on which payment should have been made at the latest up to the day of full payment of the outstanding amount shall owe interest of 2.5% per month, whereby an commenced month shall be counted as a full month.

 4.4 The Buyer will also be liable for all judicial and extra-judicial costs of any nature incurred by Dutch Broadcasting Company as a result of the Buyer's failure to comply with its (payment) obligations.

4.5 In case of late payment, Dutch Broadcasting Company has the right to dissolve the agreement with immediate effect or to suspend (further) delivery until the moment that the Buyer has fully complied with his payment obligations, including the payment of interest and costs due.

5. Delivery and delivery time

5.1 Orders will be delivered as soon as possible. In principle, Dutch Broadcasting Company aims to ship orders placed before 3 p.m. on a working day the following day. The said delivery time is only an indication and never a deadline. For deliveries outside the Netherlands, delivery times can be between 5 and 10 working days. Dutch Broadcasting Company may provide further information about delivery times on the website or otherwise make them known in writing. Such information is of an indicative nature only.

5.2 If a product that is temporarily out of stock is ordered by the Buyer, will be indicated when the product is available again. Delays will be reported to the Buyer by e-mail, telephone or fax.

5.3 Deliveries shall be made to the address provided by the Buyer during the conclusion of the contract.

5.4 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer. This risk regulation only applies if the total of the order does not exceed Euro 2,500, -. In the event of higher amounts, the risk passes to the Buyer when the order is placed with the carrier.

5.5 Products will be shipped without transport insurance. At the request of the Purchaser, transport insurance can be taken out against payment, and any excess at the time of taking out such insurance shall be for the account of the Purchaser and shall be stated on the purchase receipt. The buyer is deemed to have accepted a possible excess if he has proceeded to pay the invoice. In the event of loss or possible damage to the product during transport, the buyer is obliged to wait for the carrier's search. If the carrier has established that the goods can no longer be found, it is only after that that that the purchase amount can be refunded to the Buyer, minus any excess for the insurance that has been agreed with the Buyer. In the event of loss or theft, the seller will do everything in his power to cooperate with the transporter to trace or repair missing, stolen or damaged goods.

6. Exchange and right of withdrawal

6.1 The Buyer is obliged to carefully inspect the products (or have them carefully inspected) immediately upon receipt. Contracts with consumer buyers that have been concluded via the internet site or in any other way that makes exclusive use of electronic communication, apply that the consumer buyer has the right to exercise a right of withdrawal without penalty and without giving reasons within seven (7) working days after delivery of the product in question. This right of withdrawal does not apply to products for which the packaging has been opened and/or the product has been used, sealing has been broken, or other personalised products. It also excludes second-hand goods. Special orders cannot be exchanged. Products and packaging must be undamaged in the event of a return, otherwise the right of withdrawal will lapse. The costs of returning the goods shall be borne by the Buyer, unless otherwise stipulated in a purchase agreement.

6.2 If the Consumer Buyer has exercised the right of withdrawal as referred to in the previous paragraph, Dutch Broadcasting Company will ensure a refund within 30 days of the purchase price paid by the Consumer Buyer less administration costs as well as shipping costs.

6.3 If the Consumer Purchaser has ordered a shipment per cash on delivery, the shipping costs and the cash on delivery supplement will be charged separately if the shipment is refused.

7. Retention of title

7.1 Notwithstanding the actual delivery, ownership of products will only pass to the Buyer after the Buyer has paid in full all that which the Buyer owes in connection with any agreement with Dutch Broadcasting Company, including compensation of interest and costs, also of earlier or later deliveries and any work performed or to be performed in connection with the products.

7.2 The Buyer may not tax, sell, re-deliver, alienate or otherwise encumber the products prior to the transfer of ownership.

8. Warranty and Liability

8.1 Dutch Broadcasting Company guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of any defects whatsoever.

8.2 Used goods will be delivered by Dutch Broadcasting Company after a service and thereafter all risks will be for Buyer. Return of used goods will not be accepted.

8.3 The proof of purchase of new products shall serve as proof of the guarantee.

8.4 Dutch Broadcasting Company is never obliged to pay any compensation to the Buyer or others, unless there is an intentional act or omission or gross negligence on the part of Dutch Broadcasting Company. Dutch Broadcasting Company is never liable for consequential or trading loss, indirect loss and loss of profit or turnover.

8.5 If Dutch Broadcasting Company, for whatever reason, is obliged to compensate any damage, the compensation will never be higher than an amount equal to the invoice value of the product or service which caused the damage.

8.6 In the event that the Buyer has concluded an agreement via Dutch Broadcasting Company for a (extended) warranty period, then only the conditions that apply to that agreement will apply to this warranty.

8.7 Without prejudice to the provisions of this article, there can be no question of a guarantee if wear and tear can be considered normal and further in the following cases:

- if any changes have been made to or to the product, including repairs not authorized by Dutch Broadcasting Company or the manufacturer;

- if the original invoice cannot be submitted, has been amended or has been made illegible;

- where defects are the result of improper or improper use other than for the purpose for which they were intended;

- if damage has been caused by intent, gross negligence or negligence.

- if the product has been hired out or used for commercial purposes.

 8.8 The Buyer is obliged to indemnify Dutch Broadcasting Company against any claim that third parties may make against Dutch Broadcasting Company in connection with the agreement, insofar as the law does not prevent the damage and costs in question from being for the Buyer's account.

The Buyer is obliged to return the product to Dutch Broadcasting Company in order to ensure a proper assessment and settlement of the warranty claim. If a complaint is declared to be well-founded, Dutch Broadcasting Company undertakes to supply an equivalent product, unless otherwise agreed.

8.9 In the event of an unfounded complaint and/or return shipment, shipping and administration costs will be charged.

9. Force majeure 11. Disputes

9.1 In case of force majeure Dutch Broadcasting Company is not obliged to fulfil its obligations towards the Buyer, respectively the obligation is suspended for the duration of the force majeure.

9.2 Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfilment of its obligations towards the Buyer is prevented in whole or in part. These circumstances include strikes, fire, operational disruptions, energy disruptions, non-delivery or late delivery of suppliers or other third parties engaged, and the absence of any permit to be obtained by the government. Force majeure also includes failures in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website at any time. The buyer can only cancel the purchase after 30 waiting days in the event of force majeure. If part of the goods have been delivered within that time period and are inseparably dependent on the products that have not yet been delivered due to force majeure, those products may be returned by the Buyer after 30 days.

10. Intellectual property

10.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the website are vested in Dutch Broadcasting Company, its suppliers or other entitled parties.

10.2 Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including sui generis rights to databases and topography of semiconductor products, or other products, as well as - whether or not patentable - technical and/or commercial know-how, methods and concepts.

10.3 The Buyer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without the explicit prior written consent of Dutch Broadcasting Company, its suppliers or other entitled parties, unless it concerns purely private use in relation to the product itself.

11. Disputes shall be governed by Dutch law.