Article 1 General
- The general terms and conditions apply to anything between Westsurf and the buyer, regardless of which means of communication is used.
- “Buyer” means any visitor to the web page or any natural or legal person who is or will be in a contractual relationship of whatever nature with Westsurf.
- Provisions deviating from these general terms and conditions must be laid down in writing. In the absence of a written record, the parties can prove deviations by all legal means.
- If the buyer also refers to its general terms and conditions, those terms and conditions do not apply unless Westsurf has expressly agreed to this in writing.
- Westsurf reserves the right to change or supplement these terms and conditions from time to time.
- By using the Westsurf web page and/or placing an order, the buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the web page.
- Where in these General Terms and Conditions reference is made to (delivery of) products, this also includes the provision of services and activities of whatever nature.
Article 2 The offer
- The items are not shown in actual size and because each monitor has different settings, the displayed colors of the items may differ from reality. Also, the colors displayed between the articles may differ because the photos were taken by multiple photographers. The offers are non-binding and available while stocks last.
Article 3 Prices
- All prices are expressed in Euros (EUR), excluding shipping costs. Unless otherwise stated.
- Special offers are only valid for the period of validity as long as it is stated.
- If a price is stated on our price statement or on the order confirmation that is incorrect, we reserve the right to charge the correct price. The buyer can then dissolve the agreement by making this known in writing and by returning the delivered goods. We therefore do not honor purchases at obvious incorrect prices.
- Price increases after the conclusion of the agreement are not permitted unless the price increase is the result of statutory regulations or provisions.
Article 4 Payment
- Orders via the web page can be fulfilled by bank transfer or by sending the goods cash on delivery.
- According to European regulations, a purchase concluded electronically (read: the Internet) is a legally valid purchase agreement, which must be followed by a payment. The purchase agreement can only be dissolved if the customer notifies the seller in writing or by e-mail within 10 days of the electronic order that it wishes to dissolve the purchase agreement.
- The consumer has the obligation to immediately report inaccuracies in information provided or stated to the company.
Article 5 Shipment
- Orders are delivered as soon as possible. Westsurf uses a delivery period of 1 to 2 working days for both after receipt of payment by means of. bank transfer or Ideal. This delivery term can only be used if the ordered goods are in stock. We aim to deliver 90% of the orders received within 1 working day. Westsurf will inform you immediately if the delivery period is expected to be exceeded, for whatever reason.
- In principle, shipping takes place by PostNL, the contribution to the shipping costs within the Netherlands and Belgium is free, provided the shipment is no longer or wider than 175 cm. Shipments larger/longer than 175cm will be charged 15 euros. For shipments larger than 200 cm, 20 euros will be charged. The stated shipping costs are per shipment.
- The place of delivery is the address most recently made known to the company, unless otherwise agreed. This means that orders are delivered during the day. If you are not at home, you will find a form in the letterbox with the next delivery date. If you are not at home at that time, the order can be picked up at the nearest depot or post office.
Article 6 Retention of title
- Ownership of products, notwithstanding the actual delivery, only transfers to the buyer after the buyer has paid in full all that which the buyer owes with regard to any agreement with Westsurf, including reimbursement of interest and costs, also of earlier or later deliveries. and any work performed or to be performed with regard to the products.
- The buyer may not tax, sell, resell, alienate or otherwise encumber the products before their ownership has passed.
Article 7 Approval period
- The buyer is obliged to inspect (or have inspected) the products accurately immediately after receipt.
- The buyer has the right to exercise a right of withdrawal without penalty and without stating reasons within seven (14) working days after delivery of the product in question.
- Returning products by the buyer is always at the expense of the buyer, unless a shipment is refused by the buyer due to damage on delivery. In that case, the costs of the return shipment are for the carrier.
- If the buyer has made use of the right of withdrawal as stated in the previous paragraph, Westsurf will ensure a refund within 30 days of the purchase price paid by the consumer buyer minus the contribution to the shipping costs.
- Returned items will only be credited if they are received by us in the same condition as when they were sent by us and with sufficient postage. Please notify returns by e-mail in advance.
Article 8 Warranty/returns
- Westsurf guarantees that the goods to be delivered meet the usual requirements and standards that can be set and are free of any defects.
- The proof of purchase serves as proof of warranty.
- Westsurf is never obliged to pay any compensation to the buyer or others, unless there is intent or gross negligence on the part of Westsurf. Westsurf is never liable for consequential or trading loss, indirect damage and loss of profit or turnover.
- If Westsurf, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
- Without prejudice to the provisions of this article, there can be no guarantee if wear and tear can be considered normal and furthermore in the following cases:
- if changes have been made in or to the product, including repairs that have not been carried out with the permission of Westsurf or the manufacturer;
- if the original invoice cannot be submitted, has been changed or has been made illegible;
- in case of defects that are the result of not corresponding to the intended use or injudicious use;
- if damage is caused by intent, gross negligence or negligence.
- In the event of a warranty claim, the buyer is obliged to return the product to Westsurf in order to ensure a proper assessment and settlement of the warranty claim. Westsurf is entitled to hand over the product to third parties for assessment or further investigation. If a complaint is declared well-founded, Westsurf undertakes to deliver an equivalent product or refund the money, unless otherwise agreed.
- If the buyer wants to send a product to Westsurf, you must first report this by e-mail to firstname.lastname@example.org. You can return the product with sufficient postage to:
2681 DN Monster
- In the event of an unfounded complaint and/or return, the product will be returned to the buyer at the expense of the buyer. Any costs incurred by Westsurf to assess the product, such as research costs, administration costs or all other costs, will be recovered from the buyer, possibly subject to temporary withholding of the product (right of retention).
- All warranty provisions of the manufacturers of the articles supplied by us apply in full to you as a purchaser of our products. This warranty is without prejudice to your rights under the law.
Article 9 Complaints
- All complaints regarding the delivery, quality, quality of an article, or any other complaint, will be dealt with seriously by Westsurf. In such a case, please contact us via email@example.com.
- Westsurf will look for a solution as soon as possible. You will be informed by e-mail of a possible solution to your complaint. Administrative errors made by us will be rectified by us within 14 days of notification.
Article 10 Force majeure
- In the event of force majeure, Westsurf is not obliged to fulfill its obligations towards the buyer, or the obligation is suspended for the duration of the force majeure.
- Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfillment of its obligations towards the buyer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes failures in a (telecommunications) network or connection or communication systems used and/or the web page being unavailable at any time.
Article 11 Intellectual property
- The buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the web page are vested in Westsurf, its suppliers or other entitled parties.
- The buyer is prohibited from making use, including making changes, of the intellectual property rights as described in this article, such as reproduction or use in its own publications, including web pages of a commercial nature, without express prior written permission from Westsurf, its suppliers or other entitled parties, unless it concerns purely private use in relation to the product itself.
- Buyer may not use Westsurf’s brands other than in connection with the product itself.
- The buyer immediately informs Westsurf in writing of any liability or legal action based on the statement that the use of the products by Westsurf infringes any intellectual property right in the Netherlands.
Article 12 Legal position
- Dutch law applies to all offers, orders and agreements of Westsurf, whereby disputes will be submitted to a competent Dutch court.
Article 13 Privacy
- The payment and delivery details you provide are strictly confidential and allow us to arrange payment and deliver the items to you. We do NOT make the data made available to us available to third parties.