Introduction

 

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

 

Definitions

 

Xentech B.V.: based in Zaandam and registered with the Chamber of Commerce under file number 34242736, trading as Xentech B.V.. 

Website: the Website of Xentech BV, to be found on www.xentech.nl and all of its subdomains.

Client: the natural person or corporation acting in the performance of a profession or business who enters into an agreement with Xentech B.V. and/or is registered on the Website.

Agreement: any arrangement or agreement between Xentech B.V. and the Client of which the General Terms and Conditions are an integral part. 

General Terms and Conditions: these General Terms and Conditions.

 

Applicability of the General Terms and Conditions

 

The General Terms and Conditions apply to all offers, agreements and deliveries of Xentech B.V., unless explicitly agreed otherwise in writing.

If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Xentech B.V. if and in so far as Xentech B.V. has accepted them in writing.

 

Prices and information

 

All prices posted on the Website and in other materials originating from Xentech B.V. exclude taxes and other levies imposed by the government, unless stated otherwise on the website.

If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process. 

The content of the Website is composed with the greatest care. Xentech B.V. cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Xentech B.V. are subject to obvious programming and typing errors.

Xentech B.V. cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

 

Conclusion of the Agreement

 

The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Xentech B.V. subject to the conditions laid down by Xentech B.V.. 

If the Client has accepted the offer by electronic means, Xentech B.V. will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement. 

If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Xentech B.V. will have the right demand fulfilment of the Client’s obligations until the correct data is received.

Xentech B.V. has the right to refuse orders from clients who do not act in the exercise of their profession or business.

 

Registration

 

To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.

During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password. 

The Client must keep its login credentials, user name and password strictly confidential. Xentech B.V. cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.

If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Xentech B.V. accordingly so as to allow Xentech B.V. to take appropriate measures.

 

Execution of the Agreement

 

As soon as Xentech B.V. has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.

Xentech B.V. is authorised to engage third parties in the fulfilment of its obligations under the Agreement. 

Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest. 

If Xentech B.V. is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.

Xentech B.V. advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.

The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.

If the ordered product can no longer be supplied, Xentech B.V. is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.

 

Payment

 

The Client shall pay the amounts due to Xentech B.V. in accordance with the ordering procedure and any payment methods indicated on the Website. Xentech B.V. is free to offer any payment method of its choice and may change these methods at any time.

 

Warranties and conformity

 

Xentech B.V. warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, Xentech B.V. will also warrant that the product is suitable for purposes other than its normal use. In all other cases, the product is suitable for normal use only.

 

If the delivered product fails to satisfy the Agreement at delivery, Xentech B.V. must be notified thereof no later than 5 business days after delivery. Should the Client fail to do so, it is no longer entitled to have the product repaired, replaced etc. should the product delivered be defective.

If Xentech B.V. deems the complaint to be well-founded, the products concerned will be repaired, replaced or (partially) refunded in consultation with the Client.

 

Complaints handling procedure

 

If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Xentech B.V.’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions. 

Xentech B.V. will respond to the complaint as soon as possible, and in any case within 5 business days after having received it. If it is not yet possible for Xentech B.V. to formulate a substantive reaction to the complaint by that time, Xentech B.V. will confirm receipt of the complaint within 5 business days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.

 

Liability

 

The total liability of Xentech B.V. in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT). 

The liability of Xentech B.V. in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded. 

Aside from the cases referred to in the two previous paragraphs of this Article, Xentech B.V. is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Xentech B.V..

Xentech B.V. will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to Xentech B.V. without delay stipulating a reasonable period of time in which to remedy the failure, and Xentech B.V. also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Xentech B.V. to provide an adequate response. 

Any event giving right to compensation is always subject to the condition that the Client reports the damage or loss in writing to Xentech B.V. as soon as possible, but no later than within 30 days after the damage or loss has arisen. 

In the event of force majeure Xentech B.V. is not liable to pay compensation for any damage or loss the Client has incurred as a result.

 

Retention of title

 

As long as the Client has not made any full payment on the total amount agreed Xentech B.V. will retain ownership of all the goods delivered.

 

Personal details

 

Xentech B.V. will process the Client’s personal details in accordance with the privacy statement published on the Website.

 

Final provisions

 

This agreement is governed by the laws of the country of establisment of the webshop. 

Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Xentech B.V. has its registered office. 

If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.

The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

 

Contact details

 

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter. 

 

Xentech B.V.

Vredeweg 46 / D1

1505HH, Zaandam

The Netherlands

telephone: +31-(0)85 002 0796

e-mail: sales@xentech.nl

Chamber of Commerce 34242736 

VAT NL815541132B01