Terms of Delivery

Terms of delivery

Article 1 Definitions.

1.1. In these terms and conditions shall apply Koi & Pond Centre of the Netherlands, the user of the General Conditions. Customer / Client: the natural or legal person with whom the contract for delivery of products / goods or services being closed.

Article 2 Validity.

2.1. These conditions apply to any tender offer or agreement and Koi and Pond Centre of the Netherlands and customer / client which Koi and Pond Centre Netherlands these conditions has stated, if these conditions are not expressly and in writing by the parties. By entering into an agreement with Koi and Pond Centre of the Netherlands for the supply of goods or services the customer agrees to these terms by putting aside his own conditions.

Article 3 Offers and quotations.

3.1. All offers and quotations are free and made in written form unless Koi and Pond Center Netherlands forgoes some reasons a written offer. The offer provides for a date or date, or is determined by date.

3.2. Koi and Pond Centre of the Netherlands is only quotations and offers if the acceptance thereof by the customer / client, preferably in writing, within 30 days. The prices given in an offer shall include VAT, unless indicated otherwise.

3.3. Koi and Pond Centre of the Netherlands can not be held to its offers if the customer / client, in terms of reasonableness and fairness and in society prevailing views, ought to understand that the offer or contains a part of an obvious mistake or error.

3.4. If the acceptance (on secondary items) from the offer included in the quote, Koi and Pond Centre of the Netherlands is not bound. The agreement is not in accordance with said deviating acceptance, unless Koi and Pond Centre of the Netherlands indicates otherwise.

3.5. A compound quotation Koi and Pond Centre of the Netherlands not to deliver part of the goods included in the offer or tender against a corresponding part of the quoted price. Offers or quotations do not automatically apply to reorders.

Article 4 Conclusion of the Agreement.

4.1. The agreement is concluded through the timely acceptance by the customer / client of the offer by Koi and Pond Centre of the Netherlands

Article 5 Payment and delivery.

5.1. Delivery takes place only after payment in advance or cash on delivery, unless otherwise expressly stated or agreed by Koi and Pond Centre of the Netherlands. On some issues there is a statutory disposal.

5.2. The customer / client is obliged to take the purchased goods at the moment at which they are available or are offered.

5.3. If Koi and Pond Centre of the Netherlands has given a term of delivery, this is indicative. A specified delivery time is never a deadline. The final delivery time will not exceed by more than 15 days the specified delivery time, except in case of force majeure. When a term is exceeded, the customer / client is entitled to terminate the agreement.

5.4. Koi and Pond Centre of the Netherlands reserves the right, where one or more cases not available to deliver comparable goods as well as to the purchase agreement in part with respect to that matter or matters that are not available to decompose at a proportional reduction of the purchase price, after consultation .

5.5. Koi and Pond Centre of the Netherlands, however, is not liable for the customer / client suffered from delayed delivery on the part of Koi and Pond Centre of the Netherlands

Article 6 Guarantee.

6.1. If the by Koi and Pond Centre of the Netherlands delivered by the producer guarantees granted takes Koi and Pond Centre of the Netherlands exclusively on itself, in the event is invoked by the customer at the factory, things to offer by the manufacturer for repair. If in the opinion of the producer is not possible for the goods subject to repair its claim warranty / replacement will Koi and Pond Center the Netherlands court for the cost of repairs incurred by the producer / replacement plus the shipping costs to the customer to charge. On will not be guaranteed by the manufacturer affairs Koi and Pond Centre of the Netherlands provide no guarantee.

6.2. Koi and Pond Centre of the Netherlands provides the customer with the purchase invoice. This invoice must in all cases together with the guarantee certificate to be handed over to Koi and Pond Centre of the Netherlands if an appeal is made at factory warranty.

Article 7 Returns.

7.1. All articles will be a 14 day "exchange guarantee". If an item does not meet the needs of the customer / client can comply within 14 days of receipt will be exchanged for another article from our range of the same value, or a voucher to the value of the relevant amount. This voucher is not redeemable for cash. The customer / client can do the "exchange guarantee" did not appeal if: the customer has neglected the goods. a. The customer has made changes to the goods or to make to including repairs. b. By negligent or improper use, incorrect connection, wrong voltage, damage by acting moisture, lightning or other express causes or misfortunes. c. If the goods are not on the common- or manner described in the manual is maintained. d. If the goods to be used with, or connected to the wrong accessories or parts. e. If the customer has handled the goods otherwise negligent.

7.2. All returns must be made within 14 days in original packaging unused and undamaged postage to be sent. Once we receive the goods, we will send the new item or voucher. Returns must be made via Return Request, which can be found here.

7.3. Return and  charge a € 0.70 euro cents to be charged.

Article 8 Retention.

8.1. All by Koi and Pond Centre of the Netherlands delivered goods and services remain the property of Koi and Pond Centre of the Netherlands until the full purchase price has been paid.

Article 9 Inspection & Complaints.

9.1. The customer / client is obliged delivered at the time (off) delivery, but in any case within the shortest possible time to (do) investigations. It belongs customer / client to examine the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that are common in normal (business) transactions.

9.2. Any visible defects within three days after delivery to be writing to Koi and Pond Centre of the Netherlands this together with the simultaneous submission of the warranty / proof of purchase and the defect good, unless this is impossible or unreasonably onerous.

9.3. A not visible lack serves the customer / client within seven days of discovery, to notify Koi and Pond Centre of the Netherlands with regard to the provisions of the preceding paragraph of this article. After the warranty period has Koi and Pond Centre of the Netherlands entitled all costs for repair or replacement, including administration, postage and wire costs to charge.

9.4. If in consequence the last paragraph shall be lodged in time, remains customer / client is obliged to accept and pay for the items purchased. Wishes customer / client to return defective goods, he shall do so with the prior permission of Koi and Pond Centre of the Netherlands

Article 10 Price Increase.

10.1. If, between the time of commissioning / ordering and delivery of the goods, the purchase price, taxes, duties, exchange rates or any of the other cost components increases has Koi and Pond Centre of the Netherlands the right to increase the customer / client by count.

Article 11 Liability.

11.1. When the producer of a defective good is liable for consequential damages, then the liability of Koi and Pond Centre of the Netherlands is limited to repair or replace the product

11.2. Notwithstanding the above, Koi and Pond Centre of the Netherlands is not liable if the damage is due to intent and / or gross negligence and / or culpable action, or injudicious or improper use by the customer / client.

Article 12 Force majeure.

12.1. Parties are not obliged to fulfill any obligation if they are hindered due to a circumstance that is not due to debt, and neither under the law, a legal action or generally accepted traffic for their account.

12.2. Force majeure is defined in these terms and conditions in addition to that which is understood in law and jurisprudence, all external causes, foreseen or unforeseen, that Koi and Pond Centre of the Netherlands can not influence but which prevents Koi and Pond Centre of the Netherlands is unable its obligations to fulfill. Strikes in the company of Koi and Pond Centre of the Netherlands are included below.

12.3. Koi and Pond Centre of the Netherlands also have the right to invoke force majeure if the circumstance rendering (further) fulfillment occurs after Koi and Pond Centre of the Netherlands should have fulfilled its obligation.

12.4. Parties can during the period that supremacy continues the obligations from the agreement. If this period lasts longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party.

Article 13 Disputes.

13.1. The judge in the place of Koi and Pond Centre of the Netherlands have exclusive jurisdiction to hear actions, unless the district court has jurisdiction. Nevertheless Koi and Pond Centre of the Netherlands has the right to submit the dispute to the competent judge.

Article 14 Applicable law.

14.1. Any agreement between Koi and Pond Centre of the Netherlands and the customer / client Dutch law.

Article 15 Privacy Statement.

15.1. The data of customer / client will never be disclosed to third parties or used for advertising purposes.

15.2. The data of customer / client are stored in a database and used only for administrative purposes and delivery of goods.

Last Updated 21-10-2013

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