General Terms and Conditions of Nedlandic B.V.

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:
1.1 The Agreement: the agreement between the Customer and Nedlandic B.V. regarding the purchase and sale of products.
1.2 The Customer: the natural or legal person who places an order for the delivery of a product or requests an offer in this regard.
1.3 The Supplier: the natural or legal person who is assigned to deliver the product or from whom an offer is requested in this regard, in this case Nedlandic B.V.

Article 2 – Applicability

2.1 Dutch law applies.
2.2 The following terms and conditions apply to all our offers, all agreements concluded by us, services provided by us, and all other actions taken by us.
2.3 Should any provision of these General Terms and Conditions be null and void or annulled, the remaining provisions shall remain fully in force. The void or annulled provision shall be replaced by a provision that most closely reflects the intent of the original, at the discretion of Nedlandic B.V.

Article 3 – Conclusion of the Agreement

3.1 All offers and quotations from Nedlandic B.V. are non-binding unless explicitly stated otherwise.
3.2 An agreement is concluded through our written confirmation or by commencement of the execution of the agreement.

Article 4 – Price and Payment

4.1 The prices indicated by Nedlandic B.V. will specify whether they are inclusive or exclusive of VAT (Value Added Tax). Prices are quoted in euros.
4.2 Incorrect price listings and other errors such as calculation or typographical mistakes in prices on the Nedlandic B.V. website, in promotional materials, offers, quotations, publications, order confirmations, invoices, or any other documents from Nedlandic B.V. are not binding.
4.3 Payment of the purchase price, minus any deposit, must be made before shipment or, if explicitly agreed, immediately upon delivery, without any right to deferment, setoff, or deduction—unless explicitly agreed otherwise.
4.4 Payments by bank transfer must be made prior to shipment, unless otherwise agreed.
4.5 If the counterparty fails to fulfill their payment obligation, they shall owe Nedlandic B.V. statutory interest on the outstanding invoice amount, calculated from 30 days after the invoice date. Any part of a month will be counted as a full month.

Article 5 – Exchange of Items

5.1 In all cases, the original proof of purchase must be presented.
5.2 Exchanges must be made within 14 days of purchase.
5.3 The following are excluded from exchange: items that are specially ordered or custom-made.
5.4 Items may only be exchanged if they are in their original packaging and undamaged.

Article 6 – Delivery Conditions

6.1 The place and method of delivery shall be specified in the agreement.
6.2 Ownership of the delivered goods shall not transfer to the Customer until the purchase price, including any applicable interest and costs, has been paid in full.
6.3 The Customer must report any defects and/or damages present upon (or at the time of) delivery no later than 3 days after receipt.
6.4 Unless a different delivery period has been agreed upon by phone, in writing, or by email, a maximum delivery time of 8 weeks shall apply.
6.5 Unless expressly agreed otherwise, the contractual delivery date shall be considered a target date and not a binding deadline.
6.6 If delivery of the goods to the designated location is not possible, the risk shall be borne by the Customer.
6.7 The risk for goods delivered by us transfers to the Customer upon delivery.

Article 7 – Right of Withdrawal

For the delivery of products:
7.1 When purchasing products, the Customer has the right to withdraw from the agreement without stating reasons within 14 days. This reflection period begins the day after the Customer or a representative designated by the Customer and communicated to Nedlandic B.V. receives the product.
7.2 During the reflection period, the Customer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the Customer wishes to keep it. If the Customer exercises the right of withdrawal, the product must be returned – including all accessories and, if reasonably possible, in its original condition and packaging – in accordance with the clear and reasonable instructions provided by Nedlandic B.V.
7.3 If the Customer wishes to exercise the right of withdrawal, they are required to notify Nedlandic B.V. within 14 days of receiving the product. This notification must be made using the standard withdrawal form. After notifying withdrawal, the Customer must return the product within 14 days. The Customer must be able to prove that the goods were returned on time, for example with a proof of shipment.
7.4 If the Customer has not communicated the intention to withdraw within the periods stated in Articles 7.1 and 7.3 or has not returned the product to Nedlandic B.V., the purchase is considered final.
For the delivery of services:
7.5 In the case of service delivery, the Customer has the right to withdraw from the agreement without giving any reason within a minimum of 14 days, starting from the day the contract is concluded.
7.6 To exercise the right of withdrawal, the Customer must follow the clear and reasonable instructions provided by Nedlandic B.V. in the offer and/or at the latest upon delivery.

Article 8 – Costs in Case of Withdrawal

8.1 If the Customer exercises their right of withdrawal, they shall bear the costs of returning the product. Return shipping costs are typically higher than the original shipping costs charged by Nedlandic B.V. The Customer should expect to pay between 1.5 to 2.5 times the original shipping costs.
8.2 If the Customer has already made a payment, Nedlandic B.V. will refund the amount as soon as possible, but no later than 14 days after the withdrawal, provided the returned product has already been received by Nedlandic B.V.

Article 9 – Exclusion of the Right of Withdrawal

9.1 Nedlandic B.V. may exclude the Customer’s right of withdrawal for certain products, as referred to in Article 7. Such an exclusion is only valid if clearly stated by Nedlandic B.V. in the offer, or at the latest before the conclusion of the contract.
9.2 The right of withdrawal may be excluded for the following products:
9.2.1 Products manufactured according to the Customer’s specifications.
9.2.2 Products that are clearly of a personal nature.
9.2.3 Products that were not ordered through the webshop.
9.2.4 Products that were offered based on a quotation and/or invoiced at a special price.
9.2.5 The reflection period does not apply to, for example, custom-made products or goods/services that, due to their nature, cannot be returned.
9.2.6 Products that are perishable or have a limited shelf life.
9.2.7 Products whose prices are subject to fluctuations in the financial markets beyond the control of Nedlandic B.V.
The right of withdrawal may also be excluded for the following services:
9.3.1 Services whose execution has begun with the explicit consent of the Customer before the end of the withdrawal period.

Article 10 – Complaints, Claims, and Warranty

10.1 All plastic components come with a 3-year warranty.
10.2 If goods are delivered by Nedlandic B.V. with visible damage—such as paint defects or transport damage—or if services are performed with visible defects, the Customer must report this immediately upon receipt or within 8 days after receiving the goods/services.
10.3 If the Customer assembles the goods supplied by Nedlandic B.V. themselves, they must ensure the items are in good condition prior to assembly. Any claims related to visible defects are void once the Customer has performed the installation.
10.4 If a defect or damage is not externally visible, the Customer must report it to Nedlandic B.V. within 14 days of receiving the goods.
10.5 Minor, commercially accepted, or technically unavoidable deviations in quality, quantity, width, color, surface finish, size, processing, etc. do not constitute grounds for complaints. The same applies to color deviations in goods purchased based on samples.
10.6 Any right to claim lapses if the reporting periods in Article 10.4 are not observed or if third parties have performed work on Nedlandic B.V.’s goods and/or materials.
10.7 Warranty conditions apply only to the proper and intended use of the delivered goods or services. Improper handling or insufficient care on the part of the Customer excludes any right to claim and voids warranties or other guarantees. Discoloration of steel sheets and plastics—where technically unavoidable or commercially accepted—as well as minor deviations of any kind, do not entitle the Customer to replacement, repair, or compensation.
10.8 The Customer has the right to cancel an order within 14 calendar days of receipt without giving a reason. The Customer will receive a full refund of the order amount including original shipping costs. The Customer is responsible only for the return shipping costs to the webshop. If the Customer exercises their right of withdrawal, the product must be returned with all delivered accessories and—if reasonably possible—in its original condition and packaging to Nedlandic B.V. To exercise this right, the Customer may contact info@nedlandic.com by email.

Article 11 – Liability

11.1 Nedlandic B.V. shall never be liable for direct or indirect damages, business interruption and/or downtime losses, including delays in the delivery of goods and/or completion of work caused by defects in the delivered goods and/or services provided by Nedlandic B.V., except in cases of intent and/or gross negligence on the part of Nedlandic B.V.
11.2 Nedlandic B.V. shall never be liable to pay damages exceeding the total amount of the transaction between Nedlandic B.V. and the Customer, regardless of the form or cause of the damages.
11.3 In cases where Nedlandic B.V. cannot invoke an exclusion of liability, it shall only be liable for damages up to the amount covered by its liability insurance.
11.4 The Customer shall explicitly indemnify Nedlandic B.V. against all claims by third parties, including the Customer’s personnel, for compensation in any form related to damages suffered by those third parties.
11.5 Complaints shall never entitle the Customer to suspend the fulfilment of their obligations, apply any form of setoff, or withhold payments.

Article 12 – Force Majeure

12.1 If it becomes apparent before or during the execution of the agreement that continued fulfilment is not possible for Nedlandic B.V. due to force majeure, Nedlandic B.V. has the right to suspend performance or terminate the agreement without being liable for any compensation.
12.2 Force majeure shall mean any circumstance beyond the control of Nedlandic B.V. that prevents the normal execution of the agreement. This includes, but is not limited to, weather conditions, strikes, war, vandalism, fire and water damage, machinery failures, transport disruptions or delays, government actions and their consequences. It also includes failure or delayed fulfilment of obligations by suppliers of Nedlandic B.V., as well as illness of Nedlandic B.V. personnel, their suppliers, and/or third parties contracted by Nedlandic B.V..

Article 13 – Termination of the Agreement

13.1 If the Customer fails to fulfil any obligation, or fails to do so properly or on time, or in the event of bankruptcy or suspension of payments of the Customer or their company, the Customer shall automatically be in default. In such cases, Nedlandic B.V. has the right, without any notice of default and without judicial intervention, to suspend or terminate the agreement in whole or in part, at its discretion, without being liable for any compensation or warranty obligations, without prejudice to its other rights. In such cases, all claims of Nedlandic B.V. against the Customer become immediately due and payable in full.
13.2 If the Customer cancels an order for any reason, they shall owe Nedlandic B.V. compensation amounting to 25% of the amount the Customer would have paid upon execution of the agreement, unless Nedlandic B.V. chooses to enforce the agreement. This is without prejudice to Nedlandic B.V.’s right to claim additional damages for lost profits and other losses resulting from the cancellation.

Article 14 – Disputes

14.1 If a Customer has a complaint or dispute with Nedlandic B.V., they must first submit it in writing to Nedlandic B.V. Nedlandic B.V. will provide a substantive written response within 30 days of receiving the complaint, unless this is not reasonably possible. In such a case, Nedlandic B.V. will inform the Customer in writing within that period when a substantive response can be expected.
14.2 All disputes shall be submitted exclusively to the competent court in Arnhem, the Netherlands.

Article 15 – Final Provisions

15.1 These terms and conditions apply to all purchase and sale agreements, and the Customer cannot claim ignorance of these terms, even in contracts where Nedlandic B.V. has not expressly referred to them.
15.2 These General Terms and Conditions are registered with the Chamber of Commerce in Arnhem under number: +31 9143517. They can be requested free of charge from Nedlandic B.V. and are available on the Nedlandic B.V. website.
15.3 Any amendments to these General Terms and Conditions shall take effect one week after they have been filed with the Chamber of Commerce.

Last updated: June 15, 2017

Download our terms and conditions here.