Conditions and Payment
Article 1 - Definitions
In these conditions, the following definitions shall apply:
Esmax.nl: Distance selling entrepreneur.
Distance selling: an agreement established via internet, phone, fax or mail;
Company: the natural or legal party (buyer) acting professionally or businesswise;
Consumer (consumer sales): the buyer not acting professionally or businesswise;
Cooling-off term: the term within which the consumer can make use of his right of withdrawal;
Right of Withdrawal: the consumer’s right to to abandon the sale within the cooling-off period
Article 2 - The entrepreneur's identity
Esmax.nl is located at Nobelstraat 9A, 6902 PH to Zevenaar
VAT identification number: NL176171253B01, Chamber of Commerce number: 09158314
Esmax.nl incorporates the following webshops: www.esmax.nl, www.voelkel.nl, www.gereedschaphandelshuis.nl, www.silverlinetools-shop.nl, www.esmaxfasteners.com, www.esmax-befestigungstechnik.de
Email address for correspondence: email@example.com
Article 3 – Scope of application
3.1 These general conditions apply to every offer of Esmax.nl and to each distance sale between Esmax. nl and the buyer.
3.2 Before the sale agreement is finalised, the text of these general terms and conditions (PDF file) will be made electronically available in such a way that they can easily be stored permanently by the buyer.
3.3 The general terms and conditions of Esmax.nl expressly apply, to the exclusion of the General purchase conditions of the buyer .
Article 4 – The offer
4.1 If an offer is subject to limited duration or subject to conditions, this will be explicitly stated in the offer.
4.2 The offer includes a complete and accurate description of the products offered. Illustrations used on Esmax website are true representations of the products offered. Obvious mistakes or errors in the offer do not legally bind Esmax.nl.
Article 5 – The agreement
5.1 The agreement will be concluded as and when buyer accepts the offer and meets the corresponding conditions.
5. After buyer has accepted the offer, Esmax.nl will confirm such without delay, electronically or by fax. Buyer has the right to annul the agreement up to this moment.
Article 6 – Right of withdrawal
6.1 Consumers’ rights include the possibility to annul an agreement for 14 working days unconditionally. This cooling-off period starts on the day following delivery of the product to consumer.
6.2 During the cooling-off period, the consumer shall handle the product and its packaging with due care. He will only unpack the product in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product– if reasonably possible – in the original condition and packaging, in accordance with Esmax.nl’s clear instructions.
6.3 Esmax.nl shall in no event be liable for any damages, including loss or theft of the product or package–resulting from return to sender.
6.4 Esmax.nl will refund advance payment as soon as possible, at the latest within 14 days after return of article or anullment of agreement.
6.5 If the consumer exercises his right of withdrawal, return to sender will be paid for by consumer.
Article 7 – Price
7.1 Esmax.nl-Web-shop-prices are exclusive of VAT.
7.2 Postage and packing are not included in the price. For some payment methods further conditions apply. These are explicitly mentioned in the ordering process.
7.3 Special offers only apply while supplies last.
7.4 During the term mentioned in the offer prices of the products offered will not be changed, except for changes in VAT rates.
7.5 Products subject to price fluctuation in the financial market beyond Esmax’ control will be offered conditionally. The offer will include clear indication of conditions and their impact on price.
Article 8 – Guarantees and complaints
8.1 Esmax.nl guarantees that the products meet the contract standards, the specifications stated in the offer, required reliability and/or usability and existing law and/or Government regulations on the date of the conclusion of the agreement.
8.2 Warranty terms of suppliers and third parties, such as producers and importers apply to the products supplied by Esmax.nl.
8.3 Buyer is to verify that the products are suitable for use outside the Netherlands and whether they comply with the conditions and (legal) requirements that are applicable.
8.4 Buyer is obliged to check the delivered products immediately upon receipt. Any defects are to be reported to Esmax.nl in writing or e-mail within 10 days, visible defects are to be reported without delay. Consumer sale is subject to a two-month term after discovery of any defects.
8.5 If proved that a product does not meet the agreement and conditions mentioned in article 8.4 have been met, Esmax.nl will either replace the product in question, or ensure repair, or refund the invoice price plus the shipping costs.
8.6 Complaints concerning products lodged more than a year after the buyer has received the product, will not be considered by Esmax.nl.
Article 9 – Delivery and execution
9.1 Esmax.nl will take the greatest possible care in receiving and executing the order of products.
9.2 Place of delivery is the address specified by the buyer to Esmax.nl, not being a PO box address.
9.3 Subject to what is mentioned about this in article 4 of these terms and conditions, Esmax.nl will expeditiously carry out orders within 10 days, unless a longer period of delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, buyer will be notified at the latest 10 days after ordering. In that case, the buyer has the right to annul the agreement, free of charge.
9.4 In case of anullment in accordance with the preceding paragraph, Esmax.nl will refund any advance payment as soon as possible but no later than 14 days after anullment.
9.5 If delivery of an ordered product proves impossible, Esmax.nl will attempt to make available a replacement article. In this event Esmax.nl will pay for the shipping costs.
9.6 The risk of damage and/or loss of products rests upon Esmax.nl up to the moment of delivery, unless otherwise expressly agreed.
Article 10 – Payment
10.1 Payment takes place as indicated by the buyer during the ordering procedure. Further (payment/order) conditions may apply. The date of payment is the date on which payment is received by Esmax.nl in her bank account, unless parties have agreed otherwise.
10.2 Esmax.nl is entitled to demand prepayment at all times.
10.3 If delivery takes place on account, payment of the invoice amount must be made within 15 days after the invoice date, without any discount claim.
10.4 If, after the expiry of the time limit for payment by Esmax.nl no (full) payment is received, the buyer is legally bound to pay 1.5% interest per month.
10.5 All costs incurred by Esmax.nl for legal assistance, bailiffs and debt collection agencies, in connection with late or incomplete payments, will be paid by buyer. The extrajudicial costs are set at 15% of the invoice amount, with a minimum of €100 exclusive of VAT.
10.6 Unlike stated in article 10.5 extrajudicial costs for consumers are: 15% (with a minimum of € 40) for the first € 2500, 10% for the following € 2500 and 10% for the subsequent € 5000.
Article 11 - Suspension and dissolution attorney
11.1 in addition to what is concluded in the event of force majeure (article 14) and in article 10, Esmax.nl is allowed to (partially) suspend implementation of its obligations under all existing agreements between the parties or to cancel in whole or in part these agreements without notice of default or judicial intervention:
A) if the buyer is fails to comply or Esmax.nl has reasons to suspect buyer will not, or not fully meet his obligations in good time/or not;
B) in the event of liquidation, of (request of) suspension of payments, bankruptcy or debt restructuring or any other circumstance whereby the buyer has no free access to his accounts or
C) if circumstances prevent fulfilment of the obligations or Esmax.nl cannot reasonably be held accountable for unadapted adherance to the agreement byEsmax.nl.
11.2 In addition, in the cases referred to in article 11.1 any obligations of the buyer will be immediately due and payable and Esmax.nl will not be required to pay any compensation. The latter does not apply in
case of annulment in response to circumstances that are not attributable to the buyer.
Article 12 – Retention of title
12.1 Buyer of products will be legal owner only after he has completely paid for everything owed to Esmax.nl as a result of any agreement, including payment of interest and costs, including any previous and subsequent deliveries and any labour relating to those products, done or to be done .
12.2 the buyer must not tax , sell, redistribute or vend products, before the property is passed.
Article 13 - Liability for damage
13.1 Esmax.nl is not liable for damage caused:
A) by improper use of the delivered articles other than prescribed in the
conditions of use on the products or by their use for a purpose other than
for which it is objectively suitable .
B) if Esmax.nl has used incomplete or inaccurate information provided by or on behalf of the buyer
C) by third parties engaged at the request or with the consent of the buyer in the implementation of the agreement.
D) by mutilations, delays, misunderstandings, or incomplete orders and communications, due to the use of internet or any other means of (electronic).communication
13.2 Only direct and damage attributable to Esmax.nl is recoverable.
In any case, liability for indirect damage, such as, but not limited to, consequential damages, lost profits, lost data or materials, reduced profits are excluded. In the event of consumer sale, this restriction does not go beyond that which is permitted under article 7: 24 paragraph 2 of the Dutch civil code.
13.3 As far as Esmax.nl is liable for compensation of damages this is limited to the invoice amount relating to the delivery or partial delivery, it being understood that this amount will not exceed the amount the insurer will compensate Esmax.nl for.
13.4 The buyer shall indemnify Esmax.nl against claims by third parties, suffering damage in the execution of the agreement, the cause of which is attributable to buyer.
Article 14 – Force majeure
14.1 In the event that Esmax.nl is unable to honour the agreement for reasons of force majeure Esmax.nl shall be entitled to suspend its obligations until the force majeure situation has ended. If this period lasts longer than two months, either party shall be entitled to cancel the contract relating to the products affected by the force majeure without any obligation to pay damages to the other party. The buyer is then required to pay for goods already delivered.
14.2 In these terms and conditions force majeure, in addition to the law and jurisprudence, is all external causes, foreseen or unforeseen, which are beyond Esmax.nl’s control, and which prevent Esmax to meet her agreements, including but not limited to, in any case, not or not timely delivery by suppliers of Esmax.nl, import and export bans imposed by or on behalf of Governments, strikes or absence due to illness of a large number of employees of Esmax.nl, its suppliers or third parties engaged by it, electrical faults or failures in the online ordering systems of Esmax.nl.
Article 15 – Privacy and personal data
15.1 Personal data obtained by Esmax.nl in the course of delivering a product will only be saved and processed with a view to honouring its obligations under the agreement, for marketing and promotional purposes by Esmax.nl and maintaining the customer relationship with buyer. With regard to the processing of personal data Esmax.nl will heed the applicable regulations, in particular the data protection act.
15.2 Buyer is at all times entitled to view his/her personal data, as recorded. A request to this end, should be addressed to: firstname.lastname@example.org
Article 16 - Disputes
16.1 On agreements between Esmax.nl and the buyer to which these general terms and conditions apply, Dutch law is applicable exclusively.
16.2 Parties shall only turn to a judicial help after they have done every effort to settle their dispute in mutual consultations.
16.3 Unless the law determines otherwise, the District Court of Arnhem has exclusive jurisdiction to judge any dispute concerning the agreement.
These general terms and conditions have been filed with the clerk of the District Court of Arnhem under number 09158314 and can be found on the Web site of Esmax.nl www.esmax.nl www.voelkel.nl www.silverlinetools-shop.nl www.gereedschaphandelshuis.nl, www.esmaxfasteners.com and www.esmax-befestigungstechnik.de.