General terms and conditions of the PIP & CO Webshop

Introduction

Below you will find our General Terms and Conditions. These are always applicable when you use or place an order via our Website (www.pipco25.nl). The General Terms and Conditions contain important information for you as a buyer. Therefore, read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later time.

Article 1.

Definitions

1.1.

PIP & CO : gevestigd te Nieuwerkerk aan den IJssel en ingeschreven bij de Kamer van Koophandel onder registratienummer 96556080 handelend onder de naam PIP & CO.

1.2.

Website: the PIP & CO website, which can be consulted via www.pipco25.nl and all associated subdomains.

1.3.

Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with PIP & CO and has also registered on the Website.

1.4.

Agreement: any arrangement or agreement between PIP & CO and Customer, of which agreement the General Terms and Conditions form an integral part.

1.5.

General Terms and Conditions: these General Terms and Conditions.

Article 2.

Applicability of General Terms and Conditions

2.1.

The General Terms and Conditions apply to all offers, Agreements and deliveries of PIP & CO, unless expressly agreed otherwise in writing. This may differ per order. Read all information carefully before purchasing the product.

2.2.

If the Customer includes provisions or conditions in its order, confirmation or communication of acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding on PIP & CO if and to the extent that they have been expressly accepted in writing by PIP & CO.

2.3.

Voor het geval dat naast deze Algemene Voorwaarden tevens specifieke product- of dienstenvoorwaarden van toepassing zijn, zijn die voorwaarden ook van toepassing, maar kan Klant zich in geval van tegenstrijdige voorwaarden steeds beroepen op de toepasselijke bepaling die voor hem het meest gunstig is.

Article 3.

Prices and information

3.1.

All prices stated on the Website and in other materials originating from PIP & CO are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government.

3.2.

Indien er verzendkosten worden gerekend, zal dit duidelijk, tijdig voor het sluiten van de Overeenkomst worden vermeld. Daarnaast zullen deze kosten in het bestelproces apart worden weergegeven.

3.3.

The content of the Website has been compiled with the utmost care. However, PIP & CO cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from PIP & CO are therefore subject to obvious programming and typing errors.

3.4.

PIP & CO cannot be held responsible for (colour) deviations due to screen quality.

Article 4.

Establishment of Agreement

4.1.

The Agreement is concluded at the time the Customer accepts PIP & CO's offer and complies with the conditions set by PIP & CO.

4.2.

If the Customer has accepted the offer electronically, PIP & CO will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.

4.3.

If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, PIP & CO has the right to fulfil its obligations only after the correct information has been received.

4.4.

PIP & CO may, within the legal framework, inquire whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If PIP & CO has good reasons not to enter into the Agreement based on this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.

Article 5.

Execution of Agreement

5.1.

Once the order has been received by PIP & CO, PIP & CO will send the products as soon as possible (while stocks last), taking into account the provisions of paragraph 3 of this Article.

5.2.

PIP & CO is entitled to engage third parties to perform the obligations arising from the Agreement.

5.3.

The Website will clearly describe, in good time before the Agreement is concluded, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.

5.4.

If PIP & CO cannot deliver the products within the agreed term, it will notify the Customer. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.

5.5.

PIP & CO raadt Klant aan de geleverde producten te inspecteren en de daarbij gebleken gebreken direct, bij voorkeur schriftelijk, te melden. Zie nader het Artikel omtrent garantie en conformiteit.

5.6.

As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, will pass to Customer. If expressly agreed otherwise, the risk will pass to Customer earlier. If Customer decides to collect the products, the risk will pass upon transfer of the products.

5.7.

PIP & CO is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.

Article 6.

Right of withdrawal

6.1.

This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.

6.2.

The Customer has the right to cancel the remote Agreement with PIP & CO within 14 days after receipt of the product, without giving any reason and free of charge.

6.3.

The term commences on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the product, or:

if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by the Customer, has received the last product;
if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part;
in the case of Agreements for regular delivery of products during a specific period: the day on which the Customer, or a third party designated by the Customer, has received the first product.

6.4.

Customer must bear the return costs themselves, if these costs are higher than the regular postal rate, PIP & CO will provide an estimate of these costs. The shipping costs incurred by Customer when purchasing the product are not included in the costs for returning and remain at Customer's own expense.

6.5.

Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care (not damaging the packaging). The Customer will only open the packaging and use the product to the extent necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go further than the Customer would be able to do in a physical store.

6.6.

Customer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.

6.7.

Customer may terminate the Agreement within the period stated in paragraph 1 of this Article by sending the model withdrawal form (digitally) to PIP & CO, or by informing PIP & CO in another unambiguous manner that he is withdrawing from the purchase. In the event of a digital notification, PIP & CO will confirm receipt of that notification. After termination, Customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed.

Products can be returned to:

PIP & CO

Postbus 99, 2910 AB, Nieuwerkerk aan den IJssel

6.8.

Any amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner in which the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, PIP & CO is not required to refund the additional costs for the more expensive method. Unless PIP & CO offers to collect the product itself, PIP & CO may wait with refunding until PIP & CO has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.

6.9.

The Website will clearly state, in good time before the Agreement is concluded, whether or not the right of withdrawal applies and any desired procedure.

6.10.

The right of withdrawal does not apply to:

Products created by the entrepreneur in accordance with the Customer's specifications;
Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

Artikel 7.

Payment

7.1.

Customer must make payments to PIP & CO according to the payment methods indicated in the order procedure and possibly on the Website. PIP & CO is free to choose the payment methods it offers and these may also change from time to time. In the event of payment after delivery, Customer has a payment term of 14 days starting on the day after delivery.

7.2.

If the Customer fails to meet his payment obligation(s) on time, after PIP & CO has notified him of the late payment and PIP & CO has granted the Customer a period of 14 days to meet his payment obligations, if payment is not made within this 14-day period, the Customer will owe statutory interest on the amount still owed and PIP & CO will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. PIP & CO may deviate from the stated amounts and percentages to the advantage of the Customer.

Artikel 8.

Warranty and conformity

8.1.

This article only applies if the Customer is not acting in the exercise of his profession or business. If PIP & CO provides a separate guarantee on the products, this applies, without prejudice to the above, to all types of Customers.

8.2.

PIP & CO guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the Agreement was concluded. If specifically agreed, PIP & CO also guarantees that the product is suitable for other than normal use.

8.3.

A warranty provided by PIP & CO, manufacturer or importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.

8.4.

If the delivered product does not comply with the Agreement, the Customer must notify PIP & CO immediately after discovering the defect.

8.5.

If PIP & CO considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement is, taking into account the Article regarding liability, equal to the price paid by the Customer for the product.

Artikel 9.

Warranty for business purchases

9.1.

9.2.

If the delivered product does not correspond to the Agreement upon delivery, the Customer must notify PIP & CO of this within 2 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.

9.3.

If PIP & CO considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.

Article 10.

Complaints procedure

10.1.

If Customer has a complaint about a product (in accordance with the Article on Warranty and Conformity) and/or other aspects of PIP & CO's service provision, he can file a complaint with PIP & CO by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.

10.2.

PIP & CO will respond to the Customer's complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, PIP & CO will confirm the complaint within 7 days of receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.

10.3.

Customers who are not acting in the exercise of their profession or business may also file a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/ .

Article 11.

Liability

11.1.

This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.

11.2.

PIP & CO's total liability towards Customer for attributable failure to comply with the Agreement is limited to compensation of a maximum of the amount of the price agreed for that Agreement (including VAT).

11.3.

PIP & CO's liability towards the Customer for indirect damage, including in any case - but expressly not exclusively - consequential damage, lost profit, missed savings, loss of data and damage due to business stagnation, is excluded.

11.4.

Apart from the cases mentioned in the previous two paragraphs of this Article, PIP & CO shall not be liable to the Customer for any damages, regardless of the grounds on which an action for damages would be based. However, the limitations mentioned in this Article shall lapse if and to the extent that damage is the result of intent or gross negligence on the part of PIP & CO.

11.5.

PIP & CO's liability towards Customer for attributable failure to comply with an Agreement shall only arise if Customer promptly and properly notifies PIP & CO in writing of default, setting a reasonable term for remedying the failure, and PIP & CO continues to fail to comply with its obligations even after that term. The notice of default must contain as detailed a description of the failure as possible, so that PIP & CO is able to respond adequately.

11.6.

Voorwaarde voor het ontstaan van enig recht op schadevergoeding is steeds dat de Klant de schade zo spoedig mogelijk, doch uiterlijk binnen 30 dagen, na het ontstaan daarvan schriftelijk bij PIP & CO meldt.

11.7.

In geval van overmacht is PIP & CO niet gehouden tot vergoeding van enige daardoor bij Klant ontstane schade.

Article 12.

Retention of title Business Purchases

12.1.

All delivered goods remain the property of PIP & CO until all claims that PIP & CO has on Business Customer (including any related (collection) costs and interest) have been paid in full.

12.2.

Business Customer is not authorized to sell, deliver or otherwise alienate these items prior to the transfer of ownership, other than in accordance with its normal business and the normal destination of the items. In addition, Business Customer is not permitted to pledge these items or grant any other right thereto to third parties as long as the ownership of these items has not been transferred to Business Customer.

12.3.

Business Customer is obliged to store the items delivered under retention of title carefully and as identifiable property of PIP & CO.

12.4.

PIP & CO is gerechtigd de zaken die onder eigendomsvoorbehoud zijn afgeleverd en nog bij de koper aanwezig zijn, terug te nemen indien Zakelijke Klant niet voor tijdige betaling van de facturen zorgdraagt of in betalingsmoeilijkheden verkeert of dreigt te gaan verkeren.

12.5.

Business Customer shall at all times grant PIP & CO free access to its affairs for the purpose of inspection and/or the exercise of PIP & CO's rights.

Article 13.

Personal data

13.1.

PIP & CO processes the personal data of Customer in accordance with the privacy statement. This can be found here: www.pipco25.nl

Article 14.

Final provisions

14.1.

The Agreement is governed by Dutch law.

14.2.

Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where PIP & CO is established.

14.3.

If a provision in these General Terms and Conditions proves to be null and void, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties shall establish (a) new provision(s) as a replacement, which shall give effect to the intention of the original provision as much as is legally possible.

14.4.

In these General Terms and Conditions, “written” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.