Terms and Conditions
Terms and Conditions
RIGHT OF RETURN / RIGHT OF WITHDRAWAL.
Right of withdrawal only applies to consumers (B2C) and not to companies (B2B)
RIGHT OF WITHDRAWAL.
If you want to cancel the order, you have up to 14 days after receipt to do so.
Revocation means that you may return the order without stating reasons.
This must be done within 14 days of receipt of the part. You have 14 days to return the order, we will refund you within 14 days. If you want to make use of this right, please let us know in good time and within the set 14 days.
This means that you are not allowed to test the part before you send it back, if you do this and you break the label placed by us, you lose the right of withdrawal but you keep the normal warranty period.
in the event of a defect. The right of withdrawal is there for you to see whether you have received the correct part as you ordered. Costs for return are for the customer.
!! Right of withdrawal only applies to consumers (B2C) and not to companies (B2B) !!
All delivered parts are subject to the right of return or right of withdrawal, which means that you can return the order within 14 days of purchase without giving any reason. tv parts.nl adheres to this rule.
After you have received the part you have 14 days to determine whether you have ordered the correct part and you want to keep the part.
If you want to return the part, you can only do so by informing us in good time - within the specified period of 14 days - by email to email@example.com. After 14 days you lose the right to return, with the exception of the 1 month warranty in case of a defect. Please do not forget to include the original purchase receipt with the return. The email address to pass on a return shipment can be found on the CONTACT page.
We reserve the right to refuse any parts for which the warranty label placed by us has been broken and you have tried the part in a unit. After all, right of return or right of withdrawal does not mean that you can just order parts to find out an error in a defective device, we assume that your knowledge in the field of repair is sufficient to find out an error yourself. If your knowledge is not sufficient, leave the repair to a professional, the haphazard replacement of parts can cause more or other defects.
We also refuse to return parts that show that changes have been made personally and/or that the parts have suffered damage such as print cracks, parts of the PCB have been removed and so on.
All parts we supply must be treated as an ESD part.
ESD or electrostatic discharge can cause a component to malfunction.
Refunds for returned parts will be made within 14 days after the order has been returned. You will receive the full amount back, the costs for returning are for your own account.
Complaints regarding an online purchase.
If there is a difference of opinion about a purchase, we always try to resolve it between buyer and seller.
Article 1. General
1. The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered part is faulty, defective or incomplete, the customer must immediately report these defects in writing to TV AND PARTS (before proceeding with return). Return shipments will not be accepted without contact by telephone or email and will be returned to the customer unopened.
Any defects in the delivered goods must and can be reported in writing no later than one week after delivery. The items must be returned in the original packaging and in the condition as delivered by TV AND PARTS. Putting into use after a defect has been established, damage caused after a defect has been established, encumbrance and/or resale after a defect has been discovered, this right to complain and return lapses entirely.
2. If the customer's complaints are found to be well-founded by TV AND PARTS, TV AND PARTS will at its discretion either replace the delivered items free of charge or make a written arrangement with the customer about compensation, provided that the amount of compensation is always limited to at most the invoice amount of the articles concerned.
Any liability of TV AND PARTS for any form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
3. TV AND PARTS is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-executive personnel.
4. This warranty is void if:
A) and as long as the customer is in default towards TV AND PARTS;
B) the customer has processed the delivered goods himself or has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of TV AND PARTS and/or instructions for use on the packaging.
5. For questions and/or complaints you can call TV AND PARTS of which this website is part.
You can reach us via number 0612336911 from Monday to Friday from 10:00 am to 5:30 pm or by email firstname.lastname@example.org.
Complaints are usually handled within 5 working days. If this is not possible for any reason, the customer will be informed of the delay.
6. These terms and conditions apply to every offer, quotation and agreement between TV AND PARTS, hereinafter referred to as: “User”, and a Counterparty to which the User has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly agreed by the parties in writing. has deviated.
7. The present terms and conditions also apply to agreements with the User, for the execution of which the User must involve third parties.
8. These general terms and conditions are also written for the employees of the User and its management.
9. The applicability of any purchase or other conditions of the Other Party is expressly rejected.
10. If at any time one or more provisions in these general terms and conditions are wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The User and the Other Party will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
11. If there is a lack of clarity regarding the interpretation of one or more provisions of these general terms and conditions, the explanation must be given 'in the spirit' of these provisions.
12. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
13. If the User does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. .
14. Warranty lapses if the marks and/or labels applied by the User have been removed.
15. We will settle the costs incurred by us if you return the item after you have removed the label placed by TV AND PARTS. The costs are at least the shipping costs plus the costs for packaging materials, labour, administration and so on.
Article 2. Quotations and offers.
1 All quotations and offers from the User are without obligation, unless a term for acceptance has been set in the quotation. A quotation or offer lapses if the product to which the quotation or offer relates is no longer available in the meantime.
2 The User cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
3 The prices stated in a quotation or offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless indicated otherwise.
4 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.
5 A composite quotation does not oblige the User to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders
Article 3. Contract duration; delivery times, implementation and amendment of the agreement; price increase.
1. The agreement between the User and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. If a term has been agreed or specified for the completion of certain activities or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give User written notice of default. User must be offered a reasonable term to still implement the agreement.
3. User has the right to have certain activities performed by third parties.
4. User is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
5. If the agreement is executed in phases, the User can suspend the execution of those parts that belong to a next phase until the Other Party has approved the results of the preceding phase in writing.
6. If the User requires information from the Other Party for the execution of the agreement, the implementation period will not commence until after the Other Party has made these available to the User correctly and completely.
7. If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement it, the parties will proceed to adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, of the competent authorities, etc., is changed and the agreement is changed in qualitative and/or quantitative terms as a result, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The User will provide a price quote in advance as much as possible. Due to an amendment to the agreement, the originally stated term of execution may be changed. The Other Party accepts the possibility of amending the agreement, including the change in price and term of execution.
8. If the agreement is changed, including an addition, the User is entitled to implement it only after approval has been given by the person authorized within the User and the Other Party has agreed to the price and other conditions stated for the implementation. , including the time to be determined at which time it will be implemented. Not or not immediately executing the amended agreement does not constitute a breach of contract on the part of the User and is no ground for the Other Party to terminate the agreement.
9. Without being in default, the User can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or goods to be delivered in that context.
10. If the Other Party should fail to properly comply with what it is obliged to do towards the User, then the Other Party is liable for all damage (including costs) on the part of the User as a result, whether directly or indirectly.
11. If the User agrees on a certain price when the agreement is concluded, then the User is nevertheless entitled to increase the price under the following circumstances, even if the price was originally not stated with reservations.
- If the price increase is the result of an amendment to the agreement;
- if the price increase arises from a power vested in the User or an obligation resting on the User pursuant to the law;
- In other cases, on the understanding that the Other Party who is not acting in the course of a profession or business is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the conclusion of the agreement, unless the User is then still willing to perform the agreement on the basis of what was originally agreed, or if it has been stipulated that the delivery will take place longer than three months after the purchase.
Article 4. Suspension, dissolution and early termination of the agreement.
1. User is authorized to suspend the fulfillment of the obligations or to dissolve the agreement immediately and with immediate effect, if:
- the Other Party does not, not fully or not in a timely manner, fulfill its obligations under the agreement;
- Circumstances that have come to the attention of the User after the conclusion of the agreement give good grounds to fear that the Other Party will not fulfill its obligations;
- the Other Party was requested when concluding the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
- If, due to the delay on the part of the Other Party, the User can no longer be expected to fulfill the agreement under the originally agreed conditions, the User is entitled to dissolve the agreement.
- if circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be expected of the User.
2. If the dissolution is attributable to the Other Party, the User is entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.
3. If the agreement is dissolved, the User's claims against the Other Party are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his claims under the law and the agreement
4. If the User proceeds to suspension or dissolution on the grounds referred to in this article, he is in no way obliged to compensate damage and costs thereby incurred in any way or compensation, while the Other Party, on account of default, is obliged to pay compensation or indemnification.
5. If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Other Party. This unless the termination is attributable to the Other Party. Unless the premature termination is attributable to the User, the costs for transfer will be charged to the Other Party. The User will inform the Other Party in advance as much as possible with regard to the size of these costs. The Other Party is obliged to pay these costs within the term specified by the User, unless the User indicates otherwise.
6. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party cannot can longer freely dispose of its assets, the User is free to terminate the agreement with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the User's claims against the Other Party are immediately due and payable.
7. If the Other Party cancels an order placed in whole or in part, the items ordered or prepared for that purpose, plus any delivery, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Other Party. are being brought.
Article 5. Force Majeure.
1. The User is not obliged to fulfill any obligation towards the Other Party if he is prevented from doing so as a result of a circumstance that is not due to fault, and for his account neither under the law, a legal act or generally accepted standards. comes.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which the User cannot exercise any influence, but as a result of which the User is unable to fulfill its obligations to come. User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after User should have fulfilled his obligation.
3. User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
4. If, at the time of the occurrence of force majeure, the User has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be performed has independent value, the User is entitled to fulfill the already fulfilled or to fulfill the obligations. part to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.
Article 6. Payment and collection costs.
1. Payment must always be made within 14 days of the invoice date, in a manner to be indicated by the User in the currency in which the invoice is made, unless otherwise indicated in writing by the User. User is entitled to invoice periodically.
2. If the Other Party fails to pay an invoice on time, the Other Party is legally in default. The Other Party will then owe interest. In the case of consumer purchases, the interest is equal to the statutory interest. In other cases, the Other Party owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due and payable will be calculated from the time that the Other Party is in default until the time of payment of the full amount owed.
3. User has the right to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
4. The User can, without being in default as a result, refuse an offer of payment if the Other Party designates a different order for the allocation of the payment. The User can refuse full repayment of the principal if the outstanding and current interest and collection costs are not also paid.
5. Objections to the amount of an invoice do not suspend the payment obligation.
6. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if the User has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs owed.
Article 7. Retention of title.
1. All goods delivered by the User in the context of the agreement remain the property of the User until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with the User.
2. Goods delivered by the User that fall under the retention of title pursuant to paragraph 1. may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or in any other way encumber the items subject to retention of title.
3. The Other Party must always do everything that can reasonably be expected of it to safeguard the User's property rights.
4. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the Other Party is obliged to immediately inform the User thereof.
5. The Other Party undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the User on first request. In the event of a payment of the insurance, the User is entitled to these tokens. To the extent necessary, the Other Party undertakes in advance towards the User to cooperate with everything that may (prove) be necessary or desirable in that context.
6. In the event that the User wishes to exercise its property rights referred to in this article, the Other Party gives unconditional and irrevocable permission in advance to the User and third parties to be designated by the User to enter all those places where the User's property is located and those items to take back.
Article 8. Warranties, research and complaints.
1. The items to be delivered by the User meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands. The warranty referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Other Party itself must verify whether its use is suitable for use there and whether it meets the conditions set for it. In that case, the user can set other warranty and other conditions with regard to the goods to be delivered or work to be performed.
2. The guarantee referred to in paragraph 1 of this article applies for a period of one month after delivery, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise. If the warranty provided by the User concerns an item that was produced by a third party, the warranty is limited to that provided by the producer of the item, unless stated otherwise. After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Other Party.
3. Any form of warranty will lapse if a defect has arisen as a result of or arises from injudicious or improper use thereof or use after the best-before date, incorrect storage or maintenance thereof by the Other Party and/or by third parties when, without written permission from The User, the Other Party or third parties have made or attempted to make changes to the item, other items have been attached to it that should not be attached thereto or if these have been processed or modified in a manner other than the prescribed one. The Other Party is also not entitled to warranty if the defect is caused by or is the result of circumstances beyond the User's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.
4. The Other Party is obliged to inspect the delivered goods (or have them examined), immediately at the moment that the goods are made available to it or the relevant work has been carried out. In doing so, the Other Party should investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any defects must be reported to the User in writing within two months after discovery. The report must contain as detailed a description as possible of the defect, so that the User is able to respond adequately. The Other Party must give the User the opportunity to investigate a complaint or have it investigated.
5. If the Other Party makes a timely complaint, this does not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the items ordered otherwise, unless they have no independent value.
6. If a defect is reported later, the Other Party is no longer entitled to repair, replacement or compensation, unless a longer term arises from the nature of the item or the other circumstances of the case.
7. If it is established that a good is defective and a complaint has been made in good time, the User will return the defective good within a reasonable term after receipt thereof or, if return is not reasonably possible, written notification with regard to the defect by the Other Party. choice of the User, replace or arrange for its repair or pay replacement compensation for it to the Other Party. In the event of replacement, the Other Party is obliged to return the replaced item to the User and to transfer the ownership thereof to the User, unless the User indicates otherwise.
8. If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by the User as a result, will be borne in full by the Other Party.
Article 9. Limitation Period.
1. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the User and the third parties involved by the User in the execution of an agreement is one year.
2. The provisions of paragraph 1 do not apply to legal claims and defenses that are based on facts that would justify the statement that the delivered item does not comply with the agreement. Such claims and defenses lapse two years after the Other Party has notified the User of such non-conformity.
Article 10. Transfer of risk.
1. The risk of loss, damage or depreciation transfers to the Other Party at the moment when items are brought under the control of the Other Party.
Article 11. Indemnification.
1. The Other Party indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than the User.
2. If the User should be addressed by third parties for this reason, the Other Party is obliged to assist the User both in and out of court and to immediately do everything that may be expected of him in that case. If the Other Party fails to take adequate measures, the User is entitled to do so itself, without notice of default. All costs and damage on the part of the User and third parties arising as a result will be entirely at the expense and risk of the Other Party.
Article 12. Intellectual Property.
1. User reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The User has the right to use the knowledge gained by the execution of an agreement for other purposes, insofar as no strictly confidential information of the Other Party is disclosed to third parties.
Article 13. Applicable law and disputes.
1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
www.tvonderdelen.nl is Jan Bröcker's company that is located at Eekvenne 44 7244 AM Barchem. Chamber of Commerce: 59708670. Phone: 0612336911