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General terms & conditions duradino b.v.

Article 1 Applicability
1.1 – The following general conditions shall apply:
• "duradino BV “: duradino BV
• "Product" or "products" delivered by duradino BV;
• "Customer": refers to the (potential) customer of duradino BV;
• "Consumer" refers to a customer who is not acting on behalf of a profession or business;
• "Business Customer" refers to a customer who is acting on behalf of a profession or business.

1.2 - These terms apply to all offers provided by duradino BV and all duradino BV agreements.

Article 2 Offers, orders and agreements
2.1 - All offers are made by engaging duradino BV. Order and acceptance of offers by the customer are irrevocable.
2.2 - An agreement between duradino BV and the Client is established after the customer provides duradino BV requested information and payment.
2.3 - The Customer must report any inaccuracies in the order immediately upon receipt of duradino confirmation, failing which the order is deemed to reflect the correct information.

Article 3 Compliance
3.1 - Duties of duradino BV with respect to colour, size, performance, characteristics, etc. are only approximate and are subject to change.

3.2-Pictures, descriptions, photographs, catalogues, advertising material, promotions and information in any form on the websites of duradino BV are binding to duradino BV.

3.3 - If the customer ordered products intended for use outside The Netherlands, the customer must be able to convince duradino BV that the products and their packaging, manuals, etc. comply with all the rules pertaining to the country of destination. The use of the products and conformity with the country outside The Netherlands is at the risk of the Customer.

Article 4 Intellectual property
4.1 - The Customer is not allowed to remove or modify in any way the terms of patents, copyrights, trademarks, trade names or other rights of intellectual or industrial property.

4.2 - The Customer is responsible for the proper use of software products in accordance with the licensing of the manufacturer.

4.3 - The intellectual property rights relating to the website of duradino BV, the design and on the website (s) of duradino BV including descriptions, images, photographs, video clips and other information, in whatever form, belong to or are licensed by duradino BV or a company related to duradino BV.

Article 5 Price
5.1 - The customer (purchase) price and additional costs for transport, VAT, (warranty) insurance and any other costs or charges are clearly stated in the order confirmation and invoices issued by duradino BV.

5.2 - The prices on the website(s) of duradino BV prices are without obligation and subject to change.

Article 6 Delivery and delivery times
6.1 Stated delivery times are approximate and will be adhered to once duradino BV receives purchase price payable by the Customer and any additional costs incurred (unless a business customer account payment has been separately agreed).

Delivery times are not regarded as mandatory. The Customer shall not be entitled to any obligations relating to delivery dates being exceeded.

6.2 - A consumer is entitled to dissolve the agreement in case duradino BV fails to meet originally specified or agreed delivery dates within 30 days. duradino BV is not compensable in this case.

6.3 - The products are delivered to the address that the customer has entered when placing the order. The Customer is required to receive the products immediately after arrival at destination. The risk passes to the Customer at point of delivery.

6.4 - If the ordered product is not available duradino BV is entitled to the same price for a substitutable product with at least the same quality.

6.5 - If the Customer products are not received, as long as these duradino BV desirable that the expense and risk of the Customer stored. duradino BV has the choice to fulfil the agreement to claim or to dissolve the agreement without prejudice to its rights to compensation for the damage and lost profits, cost of storage included.

6.6 - duradino BV is not obliged to request the Customer to redeliver the product or to honour the agreement. In that case the associated costs will be borne by the Customer.

6.7 - duradino BV has the power to claim payment for part of the agreement that has been executed.

Article 7 Force Majeure
7.1 - If duradino BV is presented in honouring the agreement due to force majeure, the performance of the contract should be suspended. Customer in this case is not entitled to damages or costs.

7.2 - Force majeure is partly or not does not mean the timely delivery of goods or services by third parties by duradino BV enabled.

7.3 - If the force majeure situation persists for more than 30 days, then the parties responsible for the agreement can dissolve the none enforceable part in writing. Customer in this case is not entitled to damages or costs.

Article 8 guarantees and advertising
8.1 - duradino BV is responsible for the soundness of the products in accordance with the terms of the manufacturer´s warranty. Should manufacturing and/or material defaults nevertheless occur in a Duradino BV product then it will be repaired or completely or partially replaced in accordance with the terms of the manufacturer. The Customer may, in accordance with the terms of the manufacturer contact the manufacturer directly.

8.2 - The warranty is valid during the warranty period defined by the manufacturer for the product.

8.3 - Any warranty for software products is in accordance with the licensing conditions by the licensor to the customer (licensee) data. Duradino BV makes no warranty in respect of software products.

8.4 - Any defects that occur on or (partly) as a result of normal wear, failure to observe licensing requirements or in the manual, improper or careless use, viruses, short circuit or other external influences, repair or other actions by third parties or by the Customer without prior written consent of Duradino are outside the guarantee.

8.5 - Any claim with respect to the quantity of products, when delivered the note of delivery is registered, failing the note of delivery quantities is compelling evidence against the customer benefits.

8.6 - Claims under the warranty should be reported in writing to Duradino BV within 7 days after a defect occurs. In the absence of adhering to this time period there can be no claim to Duradino BV.

8.7 - If the Customer reclaims he is obliged to ensure that the product is available to be reclaimed to the duradino BV account.

8.8 - Return to duradino BV of products sold, for whatever reason, can only occur after prior written approval of duradino BV, indicating the duradino BV assigned return number and only on the basis of a return in accordance with described return procedure on the website of duradino BV. An application should reflect all the required return procedure information. duradino BV reserves the right to return applications not honouring the required procedure. Dispatch or transport and other such related costs shall be borne by the Customer. The products remain at all times for the risk of the Customer. Duradino BV will pay delivery fees only if it is established that there is a culpable failure of Duradino BV.

8.9 - Any defects on some of the products give the customer no right to censure or reject the entire party supplies or other products.

8.10 - Complaints do not suspend the payment obligations of the Customer.

8.11 - After finding a flaw in a product, the customer is obliged to do all possible to damage that prevents or restricts any immediate cessation of use below explicitly understood.

8.12 - This warranty shall apply without prejudice to the rights of the consumer´s rights under law and will not be waived.

Article 9 of Ownership
9.1 - The ownership of the delivered goods will pass to the customer after the customer has met all its commitments towards duradino BV. With respect to software products the customer acquires only a license.

If the Customer is in default with the fulfilment of his obligations, duradino BV is entitled to recover products at the expense of the customer.

9.2 - The Customer is not entitled to the remaining unpaid products or pledge their ownership will transfer. The Customer is obliged under the title delivered products with due care and as identifiable property of duradino BV system.

Article 10 Payment
10.1 - Payment of the products should in principle be made before delivery. duradino BV has the following payment options: PayPal or iDEAL. Cash payment is also possible.

10.2 - If no payment is received, the Customer will be charged without further notice; on the amount an interest fee of 1.5 percent per month from the due date until the date of payment.

10.3 - All of the recovery costs are borne by the Customer. The extrajudicial collection costs are at least 15 percent of the amount with a minimum cost of € 150, -.

10.4 - Customer shall waive any rights to relief of back and forth due

10.5 - The Customer´s payments will be applied on their account to first reduce the charges, then reduce the interest and reduce the progress that the longest time, even though the payment is related to another claim.

Article 11 Cancellation and reflection
11.1 - A Business Customer may purchase products not cancel. If a Business Customer cancels a sale, he kept all in order to implement the reasonable costs incurred, the work of duradino BV and duradino profits, plus VAT, to duradino BV compensation.

11.2 - A Customer can return a purchased product without giving any reason within 7 days after receipt of the product. If Customer uses this option, the return procedure on the duradino bv website has to be followed. The Customer purchase amount will be refunded within 30 days after the dissolution of the Customer, net of the return procedure fee. Dissolution is not possible in respect of products which are defective, not in the original unopened package, used or become unfit for sale, as well as for (software) products whose seal (seal) is broken.

11.3 - duradino BV is entitled to return products that no longer are in the state in which they are delivered to consumers, including original packaging, manuals and warranty certificates, and to reject any depreciation and / or return postage to the amount to be reimbursed to be deducted.

11.4 - duradino BV is not responsible for the processing times required by banks or credit card companies to handle the processing of refunds.

Article 12 Counseling
12.1 - All the website (s) of duradino BV given advice or information and statements made about the properties of duradino BV are supplied free and are provided by way of a non-binding information.

12.2 - for any direct or indirect damage, in whatever form and from whatever arising from this information and / or counseling is not the liability of duradino BV.

Article 13 Liability
13.1 - Out of the provisions of Article 8, the Business Customer any right to duradino BV because of defects in the duradino BV products.

13.2 – duradino BV is not liable for consequential damages and (other) indirect damage, unless there is gross negligence or intent to harm on the part of duradino BV.

13.3 - In all cases where duradino BV is obliged to pay compensation in relation to the Customer, the amount will never exceed the invoice value of the products delivered through or in which damage was caused. If the damage is covered by insurance of duradino BV, the compensation will never exceed the amount in the case actually paid by the insurer.

13.4 - Any exposure to duradino BV, unless recognised by duradino BV lapses after a period of 12 months after the claim arises.

Article 14 Privacy and Security
14.1 - duradino BV respects the privacy of the Customer, the personal data of the Customer in accordance with the applicable privacy legislation and the privacy statement on the website (s) of duradino BV are observed. The Customer agrees with this processing of personal data.

14.2 - To protect the personal data of the Customer, duradino BV uses appropriate security in accordance with the declaration seen on the website of duradino BV.

Article 15 Final Provisions
15.1 - The operation of any international treaty on the sale of movable tangible property, the force between the parties may be excluded, is not applicable and is hereby expressly excluded. In particular, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is explicitly excluded.

15.2 - If the Customer on behalf of one or several others upon whom he is acting, without prejudice to the liability of others, against duradino BV liable as if he himself Customer.

15.3 - If any provision of these terms and conditions in respect of the Customer would be void or invalid it shall be deemed instead to be a valid provision to the void or invalid provision most approaches.

15.4 - Any dispute between duradino BV and the Customer will only be tried by the competent court in the Netherlands.

15.5 - All the agreements concluded by duradino BV will be governed solely by Dutch law.