Terms and Conditions
1 Definitions
Customer: companies owned by a Chamber of Commerce or non-profit organization. Delivery date: date or period indicated by Distrixs when products and/or services are delivered.
Price: price for products excluding transport costs, insurance and VAT. Products: goods of which the customer commits himself to Distrixs.
2 Applicability
2.1 These General Terms and Conditions apply to all offers from Distrixs and to all agreements entered into with Distrixs.
2.2 The provisions of these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing, in which case the other provisions of these terms and conditions will remain in full force.
2.3 If the customer also refers to its general terms and conditions, those terms and conditions will not apply unless expressly agreed to in writing by Distrixs.
2.4 By placing an order, the customer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
3 Offers and conclusion of agreements
3.1 Offers or quotations must be regarded as an invitation to the customer to make an offer. Distrixs is in no way bound by this, unless this has been recorded unambiguously in writing. The acceptance of the invitation to make an offer by the customer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
3.2 Offers are valid while stocks last. Distrixs is not bound by an offer if there are printing, typesetting or programming errors on its website or in mailings.
3.3 Distrixs reserves the right, if a price change has been made during the order, to pass this on to the customer.
3.4 A personalized offer is valid for 10 days, unless a different period is stated in the offer.
3.5 An offer from the customer as referred to in Article 3.1 is deemed to have been made in one of the following circumstances:
– (1) the customer indicates exactly which product and/or service he wants to buy or purchase;
– (2) Distrixs has issued a personalized quotation and this quotation has been signed by the customer and received by Distrixs;
3.6 An agreement is concluded:
– in case of an offer as referred to in 3.4 under
(1): at the moment that the offer of the potential customer has been expressly accepted by Distrixs; – in case of an offer as referred to in 3.4 under
(2): at the moment Distrixs has handed over an order confirmation to the customer; – in case of an offer as referred to in 3.4 under
(3): the moment a confirmation is sent by email to the email address specified by the customer.
3.7 The customer and Distrixs expressly agree that a valid agreement is concluded by using electronic forms of communication, as soon as the conditions as set out in Articles 3.4 and 3.5 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Distrixs are, insofar as the law permits, hereby regarded as presumption of evidence.
3.8 Information, images, communications provided verbally, by telephone or via email and statements, etc., with regard to all offers and the most important characteristics of the products, are given or done as accurately as possible. However, Distrixs does not guarantee that all offers and products are fully in accordance with the information provided, etc. In principle, deviations cannot give rise to compensation and/or dissolution.
4 Price and payment
4.1 The price and other costs to be paid by customers, including those of transport, insurance and VAT, are clearly stated in Distrix's quotation and/or order confirmation and in the invoice.
4.2 Customers should contact Distrixs immediately if they discover an error or discrepancy with their order in the order confirmation and/or the invoice, so that problems surrounding the question of what Distrixs should have delivered can be avoided.
4.3 Distrixs may expand the payment options in the future. New payment options will be announced via the Distrixs internet site.
4.4 For orders other than via the internet, customers pay prior to the delivery of Products and/or Services, unless another form of payment has been agreed in writing.
4.5 If no payment has been received on the due date of an invoice, the customer will owe statutory interest on the amount still due after notice of default. Non-consumers owe the statutory interest plus 2%.
4.6 The customer shall also bear all (extra) judicial costs of any nature whatsoever that Distrixs has had to incur as a result of the customer's non-compliance with its (payment) obligations.
4.7 In the event of late payment, Distrixs is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until the moment at which the customer has fully fulfilled its payment obligations, including the payment of interest and costs due.
4.8 If the contractor has reasonable doubts about the payment capacity of the client, the contractor is authorized to postpone the delivery of ordered goods until, in the opinion of the contractor, the client has provided sufficient security for payment. The client is liable for the damage suffered by the contractor due to this delayed delivery.
4.9 The customer must pay the invoice within 30 days, unless otherwise agreed with Distrixs.
4.10 Deviating payment terms will always be stated on the order confirmation and invoice.
5 Delivery and delivery time
5.1 Orders will be delivered as soon as possible. The delivery times stated in quotations and on the website are only an indication and are never a strict deadline.
5.2 Deliveries take place at the address specified by the customer during the conclusion of the agreement.
5.3 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 customer. This risk arrangement only applies if the total of the order does not exceed EUR 5.000. For higher amounts, the risk is transferred to the customer at the time the order is handed over to the carrier.
5.4 If a delivered order, sent via TPG Post or the Transmission network, is sent 'return to sender' for whatever reason, the order will be canceled and the entire order costs will be charged to the person ordering the product. These order costs must then be paid within 14 days.
6 Retention of title
6.1 Ownership of products, notwithstanding the actual delivery, only transfers to the customer after the customer has fully paid all that the customer owes with regard to any agreement with Distrixs, including payment of interest and costs, also from previous or later deliveries and any work performed or to be performed with regard to the products.
6.2 The customer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has been transferred.
7 Acceptance and right of withdrawal
7.1 The customer is obliged to carefully inspect the products (or have them inspected) immediately upon receipt. Complaints about the delivered goods must be reported by the customer to Distrixs in writing within 8 days after delivery of the goods, stating any accompanying invoice number and order number. The nature of the defect must be sufficiently apparent from the written complaint.
7,2 Ordered products cannot be returned without approval from Distrixs.
7.3 In addition to the previous paragraph, the customer cannot return a product if one or more of the following situations apply:
– The product has been used or damaged during the period that the customer had used it on sight;
– The product is no longer complete;
– The product does not contain all items included with the delivery by the manufacturer;
– The product is not in the original, undamaged factory packaging (a packaging that has been opened with care is not considered damaged packaging by Distrixs);
– The product is clearly personal in nature;
– The product cannot be returned due to its nature;
– The product can spoil or age quickly;
– The product computer software of which the seal has been broken. Upon receipt of a product by Distrixs as described above, a value analysis will be made for each product. Any resulting costs will be charged to the customer.
7.4 Non-consumers may reject Products due to non-conformity, visible deviations from what has been agreed within 7 days after delivery. Thereafter, the Products are deemed to have been accepted.
7.5 The costs for returning the product are for the account of the customer.
7.6 Transport damage must be reported to the contractor within 1 working day after receipt of the shipment
7.7 Before a product is returned, the client must request an RMA number. Upon receipt of the product without an RMA number, it will be immediately returned to the sender.
8 Warranty and Liability
8.1 Distrixs warrants that Products will be free from defects for 24 months from the Delivery Date unless otherwise agreed in the order confirmation, or another term when discussed during the purchase and confirmed in writing. If the Product shows a defect within the warranty period, Distrixs will repair or replace it free of charge within a reasonable period.
8.2 If the delivered item does not comply with the agreement, the customer must inform Distrixs of this immediately after discovery.
8.3 Without prejudice to the provisions of this article, there can be no guarantee if the wear and tear can be regarded as normal and furthermore in the following cases:
– if changes have been made in or to the product, including repairs that have not been carried out with the permission of Distrixs or the manufacturer;
– if the original invoice cannot be submitted, has been changed or made illegible;
– if the product fully complies with the product specifications provided by the manufacturer;
– if defects are the result of improper use or improper use;
– if damage is caused by intent, gross negligence or negligent maintenance.
8.4 Return shipments in case of warranty are at the expense of the sender, unless otherwise agreed.
8.5 If a product returned under warranty cannot be treated as a warranty, all costs incurred will be charged to the sender.
8.6 Before a product is returned, the client must request an RMA number. Upon receipt of the product without an RMA number, it will be immediately returned to the sender.
9 Liability
9.1 Distrixs limits its liability for whatever reason to the invoice value. Any other or further liability is excluded, unless this is not permitted by law. Distrixs is never liable for consequential or trading loss, indirect damage and loss of profit or turnover.
9.2 The customer is obliged to indemnify Distrixs against any claim that third parties may make against Distrixs with regard to the execution of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the customer. .
9.3 It is possible that Distrixs includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. Distrixs is not responsible for the content of the internet site referred to or the use that can be made of it.
10 Force majeure
10.1 In the event of force majeure, Distrixs is not obliged to fulfill its obligations towards the customer, or the obligation will be suspended for the duration of the force majeure.
10.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part. These circumstances include strikes, fire, business failures, power failures, non-delivery or late delivery by suppliers or other third parties engaged and the lack of any permit to be obtained from the government. Force majeure is also understood to mean malfunctions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the internet site at any time.
11 Confidentiality
Each party must treat all confidential or apparent confidential information it receives from the other party as it treats its own confidential information.
12 Consumer rights
These Conditions have been drawn up in accordance with Dutch law and are regularly updated. If any provision of these Terms is not in accordance with Dutch consumer law, the law will take precedence.
13 Applicable Law and Competent Court
Dutch law applies to these Terms and Conditions. With regard to disputes, a court in the Netherlands has jurisdiction. With regard to disputes between a customer and Distrixs, the court in the place of residence or actual residence of the customer is also competent.
15 Miscellaneous
15.1 Distrixs, has its registered office at (2665 JG) Bleiswijk, Lorentzstraat 57 and is registered with the Chamber of Commerce, Region Haaglanden under no. 55762875. The VAT identification number is NL001795149B52. Please send all correspondence regarding an agreement or these conditions to the address mentioned earlier in this paragraph or to the e-mail address as indicated on the internet site.
15.2 Distrixs strives to process and possibly answer e-mails received by it within 48 hours.