General terms of business Veltec Kirby specialist
Article 1 Definitions
The terms used in these General terms of business, singular or plural, or starting with a capital letter, are as defined below.
1.1 General terms of business: general terms of business in question.
1.2 Ordering procedure: the procedure customers follow on the website, when ordering goods.
1.3 Customer: the counter customer of Veltec with whom Veltec makes an agreement.
1.4 Agreement: agreement, of which these General terms of business are an integral part, relating to purchase and delivery of goods.
1.5 Parties: Veltec and its customers.
1.6 Veltec: the party that uses the General terms of business and at the same time the counter party of the customer.
1.7 Website: the website of Veltec, to be found at www.Veltec.eu
1.8 Goods: Goods which Veltec offers on its website and which can be ordered by customers.
Article 2 Applicability
2.1 These General terms of business apply to all agreements, covering Emails, newsletters, the website, the ordering process and contacts and/or acts (in law) between the parties, even if these acts (in law) do not lead to an agreement.
2.2 Applicability of general delivery- or payment terms, and/or other general or special conditions of the customer, is explicitly excluded.
Article 3 Realization of agreement
3.1 The goods that are offered on the website including the accompanying prices count as an informal offer, which can be accepted and completed by the customer during the ensuing ordering process.
3.2 Veltec does not guarantee the offer as mentioned before being free of mistakes or omissions. Therefore, print- and compositor errors. are explicitly barring and could be a reason for the agreement not to come about. If reason Veltec decides not to enter the agreement, they will immediately notify the customer.
3.3 If for any reason, including as in 3.2 above the agreement is not finalised or has been cancelled, Veltec will refund any advance payments including delivery costs as soon as possible. The refund will be made within a maximum of 30 days.
3.4 Veltec reserves the right to refuse an order. There is only an agreement if Veltec has confirmed this agreement.
Article 4 Products
4.1 All orders will be delivered by TNT post.
4.2 Barring changes in price or specifications by the manufacturer as well as small deviations in colour.
Article 5 Prices and payment
5.1 Prices as mentioned on the website are inclusive of VAT and any other government levies. The prices do not include delivery charges unless specifically stated. The delivery price will be invoiced to the customer during the ordering procedure.
5.2 Veltec has the right to change prices at any time. This would not affect any outstanding agreements, which would be carried through at previously agreed prices.
5.3 Customers can pay the amount due in any of three ways:
a. by means of electronically advanced payment (option: via IDEAL during the ordering procedure);
b. by means of advance payment through bank transfer;
c. by means of electronically advanced payment (option: via PayPal during the ordering procedure)
Article 6 Time of delivery
6.1 The times of deliveries are as indicated on the website and in the confirmation mail.
6.2 Veltec will do it’s very best to achieve the indicated times of deliveries.
6.3 If for any reason Veltec is unable to deliver the ordered Goods within 30 (thirty) days, the customer has the right to cancel the agreement upon notice by Veltec that this is the case. Article 3.3 of the agreement would then apply.
Article 7 Right of withdrawal
7.1 In the context of the law on ‚Distance Selling‘, you are entitled to a cooling-off period once you have purchased products from Veltec. In other words, when purchasing products, the Client is entitled to rescind the agreement within a period of at least fourteen (14) business days, without the need to justify these actions. This period starts the day after the product was received by or on behalf of the Client. The Client will treat the product and the packaging with due care during this period. The Client will not remove the product from its packaging nor will the Client use the product while deciding whether or not to keep the product. If the Client should invoke the right of withdrawal, the Client will return the product to Veltec in its original condition and packaging, along with all accessories that were supplied, in accordance with the reasonable and clear instructions issued by Veltec. The Client is entitled to return the products to Veltec, within fourteen (14) business days after receipt of the products, without the need to justify these actions, on condition that:
a. The Client pays the fees for the return shipping; Veltec will not accept parcels with insufficient postage.
b. The Client is responsible for the postage / shipping method and carries the risk for the parcel and also accepts this risk and responsibility until Veltec has taken receipt of the parcel.
c. Reconditioned or new machines may not have been used. (Used Kirby or Montiss machines cannot be returned!!)
d. The product must be returned in its original (undamaged) packaging. (The product cannot be returned if the original packaging has been opened!)
The (right of) withdrawal is a resolutive condition and such withdrawal gives the Client entitlement to a refund.
Kammetweg 27, 4281 KJ, Andel (Netherlands)
Article 8 Complaints
8.1 If and as far as the customer finds the quality characteristics do not correspond with those referred to in the agreement, the customer can contact Veltec and would have the right to return the goods to Veltec provided –
a. the customer checked the received goods immediately after receiving them and if – in case of possible defects – he reported this to Veltec within a reasonable time (by letter or e-mail)
b. the goods are returned at customer’s own expense. Packages without sufficient postage will not be accepted by Veltec.
c. the customer is responsible for the method of sending and for the risk of the package – and the customer must accept this responsibility and risk – until Veltec has received the returned goods.
8.2 If Veltec finds – after examination of the goods – that the quality characteristics correspond to those in the agreement, Veltec will contact the customer.
8.3 If after examination by Veltec the goods actually do not correspond with the quality characteristics in the agreement, the customer has the right to replacement goods, if these are still available. The customer has the right on refund of the forwarding-`charges as mentioned under b in article 7.1. where replacement goods are no longer available, the customer has the right:
a. to choose replacement goods of the same value as the ones that were unacceptable. If the chosen goods are more expensive than the ones that were unacceptable, the customer has to pay the difference. If the chosen goods are cheaper than the ones that weren’t acceptable, the customer will receive a refund of the price difference, as specified in the last sentence of article 3.3 of the agreement;
b. refund of the value of the goods which will be considered as (partial) dissolution of the agreement at which the last sentence of article 3.3 of the agreement shall apply.
8.4 Where in the former paragraph the value of the goods were mentioned, the prices are as stated in the agreement.
8.5 During the period as meant in article 7.1 the customer can also use the right provided in that article. However, in case of a filled-out claim form, the procedure is presumed as in this article.
Article 8 Applicable law, disputes and complaints.
8.1 On the agreement and further resulting agreements, Dutch law is applied.
8.2 If there are complaints, the customer will contact Veltec either by telephone, by letter or electronically. The contact information for this purpose can be found at the top of the General terms of business in question. Veltec will reply to complaints within a maximum of 30 (thirty) days as mentioned previously. Customer can place the complaint at an authorized Judge, including the summary trial Judge of this district court, doing justice in a summary procedure, if the parties cannot come to a mutual agreement.
8.3 If you enter into an agreement with Veltec, this will automatically take place subject to our General terms of business.
Article 9 Guarantee
9.1 Concerning the delivered goods Veltec takes over the manufacturer’s warranty from the manufacturer or importer of the relevant goods. Guarantees will only be executed on appointment at our location on Kammetweg 27 in Andel. Customers can go there for all other repair and maintenance activities concerning the Kirby vacuum cleaner. Veltec never compensates repair costs to/for third parties.
9.2 The guarantee will not apply to problems completely or partly resulting from bad, inaccurate or inexpert use for other than the normal purposes, or from external causes or normal wear.
9.3 The period of guarantee will not be restarted following repair and/or replacement, unless explicitly stated.
9.4 For other conditions of guarantee we refer to the conditions and requirements the law requires of Veltec.
9.5 The liability during transport of the goods from Veltec to the final customer is Veltec´s risk until the moment the ordered goods have been delivered.
Article 10 Other conditions
10.1 Veltec has the right to change these General terms of business at any time. Existing agreements will be fulfilled under the old General terms of business.