Legal notice

The General Terms and Conditions of Electrotechnical Retail of UNETO-VNI apply to all our deliveries and services.

General Terms and Conditions Electrotechnical Retail

General Terms and Conditions of Electrotechnical Retail (hereinafter referred to as "AVED"), applicable in cases where a member of UNETO-VNI (hereinafter referred to as "the entrepreneur") acts as a seller of consumer electronics (hereinafter referred to as "the product") .

These general terms and conditions were established in August 1996 in consultation with the Consumers' Association in the context of the Coordination Group

Self-regulation agreements of the Social and Economic Council and come into effect on 1 January 1997.

I General provisions

Applicable provisions

  1. Dutch law applies.

  2. The legal provisions apply, except insofar as the AVED deviates therefrom.

  3. The AVED are fully applicable, unless otherwise agreed in writing. Articles printed in italics do not apply to an agreement concluded between an entrepreneur and a consumer (= customer, natural person who does not act in the exercise of a profession or business).

Quality

  1. The entrepreneur is obliged to deliver a product that corresponds to the agreement. The product does not comply with the agreement if it does not have the properties that the customer could expect on the basis of the agreement. If these expectations are not met, the consumer is entitled to repair or replacement.

  2. For products that come with a manufacturer's warranty, the customer can also contact the manufacturer or importer directly with complaints. If requested, the entrepreneur can mediate between the customer and the manufacturer or importer, for example by sending the product to the manufacturer or importer on behalf of and at the risk of the customer.

Retention of title

  1. The entrepreneur remains the owner of the sold product as long as the customer has not fully met his payment obligations, including what he may owe in connection with the failure in his obligations.

Payment

  1. Without prejudice to the provisions of article 8, the customer will pay the price immediately and in cash on delivery. Cash payment also includes crediting the amount owed to a bank or giro account specified by the entrepreneur at the time of delivery, or the handing over of guaranteed giro payment cards or bank checks.

  2. Payments made by the customer always first serve to settle all costs and interest owed and then to settle due and payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.

Terms

  1. In the event of late delivery, the customer must give the entrepreneur written notice of default, unless there is a fixed delivery date (fatal term).

Complaints

  1. Complaints should preferably be submitted to the entrepreneur in writing and with reasons.

  2. In the event of visible defects, the complaint must be submitted immediately after delivery. In all other cases, the complaint must be submitted within a reasonable time after the customer has discovered or should reasonably have discovered the defect.

Buy on trial

  1. In case of trial purchase, the product is at the risk of the customer from the moment of delivery.

Uncollected products

  1. If after three successive written notifications - the last of which by registered letter - from the entrepreneur to the customer that he must cooperate in the delivery of the product, the customer has failed to collect the product for a period of one month or the entrepreneur is authorized to sell the product and to recover the amount owed to him from the proceeds

Prices

  1. If one or more cost price factors are increased before delivery, the entrepreneur is entitled to charge the relevant additional costs.

Direct debit

  1. If the customer is in default and the entrepreneur proceeds to collect the amount owed to him, all associated costs will be borne by the customer, unless the entrepreneur chooses to determine these costs at a fixed rate of 15%. of the amount to be claimed. The damage caused by delay is fixed at the statutory interest, increased by 2%.

Force Majeure

  1. Force majeure also includes: failure by the supplier's suppliers to fulfill their obligations, transport difficulties, fire, strikes or work stoppages, import or trade bans.

Compensation

  1. The damage suffered by the customer as a result of a failure on the part of the entrepreneur will be compensated up to a maximum of the amount of the purchase. Consequential damage and damage due to late delivery are never eligible for compensation. Article 7:21 of the Dutch Civil Code is excluded. The right to compensation for damage lapses if this has not been invoked in writing and with reasons in good time. In the case of visible defects, this is within 48 hours after delivery and for all other defects within 14 days after the discovery of the damage. Damage is not eligible for compensation if it becomes apparent later than 12 months after delivery of the item sold. Damage as a result of (repair installation) work performed - whether or not in connection with the item sold - is not eligible for compensation if it becomes apparent later than three months after the work has been performed

  2. The entrepreneur does not have to compensate the customer for damage that is the result of force majeure.

Dispute Committee

  1. Disputes between the consumer and the entrepreneur about the conclusion or implementation of the agreement to which these terms and conditions apply, can be submitted by the parties to the Electro Disputes Committee, which makes a decision by way of binding advice in accordance with the Electro Disputes Committee regulations. A fee is payable for handling a dispute.

  2. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur in accordance with the term specified in Article 11. The consumer can then submit the dispute in writing to the disputes committee within a period of three months, stating the name and address of the consumer and entrepreneur and a clear description of the dispute and the claim. If the consumer wishes to have the dispute dealt with by the disputes committee, the entrepreneur is bound by this choice.

  3. If the entrepreneur wishes to submit a dispute, he must first ask the consumer in writing to state within five weeks whether he wishes to have the dispute handled by the disputes committee or the civil court.The entrepreneur must thereby announce that he will consider himself free to submit the dispute to the civil court after the expiry of the aforementioned period.

Dispute resolution by the judge

  1. Contrary to the statutory rules for the jurisdiction of the civil court, all other disputes will, if the Court is competent, be settled by the Court in the place of business or the district of the entrepreneur. However, the entrepreneur remains authorized to summon the customer before the competent court according to the law or the applicable international treaty.

  2. The consumer has the right during five weeks after the entrepreneur has invoked the previous article, to opt for settlement of the dispute by the civil court competent according to the law or the applicable international treaty.

  3. The Uneto Disputes Settlement Foundation guarantees the fulfillment of the binding advice referred to in Article 19; all this unless the entrepreneur has submitted the binding advice to the court for review within two months of its date. A maximum of €-2,269 per binding advice applies to this guarantee. The guarantee never applies to consequential damage

Filed at the Registry of the District Court in The Hague on October 4, 1996 under number 114/1996. Uneto 1996-628

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