Article 1 – Identity of the operator
Article 2 – Applicability
Article 3 – Establishment agreement
Article 4 – Implementation of the agreement
Article 5 – Suspension and termination of a contract
Article 6 – Force majeure
Article 7 – Price
Article 8 – Payment
Article 9 – Obligations of the customer
article 10 – Retention
Article 11 – Guarantees, research and limitation period
Article 12 – Claims
Article 13 – Recourse
Article 14 – Liability
Article 15 – Transfer of risk
Article 16 – Protection
Article 17 – Privacy
Article 18 – Disputes and applicable law
Article 19 – Location and modification conditions
Article 1 – Identity of Light Vest BV
ARTICLE 1 – IDENTITY OF THE OPERATOR
Entrepreneur: Light Vest
Trade names: Light Vest International, Light Vest Netherlands, Light Vest UK, Light Vest Europe, Light Vest Germany, Light Vest Belgium Light Vest Holland, Light Vest Worldwide, Light Vest Arabia, Light Vest Asia, Light Vest Safety vest, Light vest Led vest Led vest, Light vest work vest, a private company with limited liability Light vest.
Nuenen Collse Heide 40
Commercial Register: 58,824,596
VAT identification number NL22 031017642B01
ARTICLE 2 – APPLICABILITY
1. These terms and conditions apply to all offers and agreements that relate to the supply of goods and / or services provided by Light Vest BV to a natural or legal person acting in the course of trade or business (the buyer).
2. Deviations from these general conditions are only valid if previously agreed in writing.
3. The applicability of any purchase or other conditions of the customer is hereby explicitly rejected.
4. If one or more of the conditions in these general conditions wholly or at any time are partially invalid or void, then the remainder will remain in these general conditions will still apply in full.
5. In case of invalid provisions, both parties will consult together to take valid alternative arrangements while maintaining the scope of the agreement.
6. If Light Vest BV does not require strict compliance with these conditions, then this does not mean that its provisions do not apply, or that it in any degree would lose the right to hold strict compliance with the provisions of these terms.
ARTICLE 3 – ESTABLISHMENT AGREEMENT
1. Light Vest BV All offers are without engagement and can be revoked, even where they contain a deadline for acceptance.
2. An agreement comes about by accepting an offer or quotation by the buyer, and acceptance by Light Vest BV Acceptance is prescribed. It must be clear that Light Vest BV has started the implementation of the agreement prior to the dispatch of an ordered product.
3. If the acceptance deviates from the offer included in the quotation, then Light Vest BV is not bound. The agreement is not in accordance with this deviation unless Light Vest BV has otherwise indicated so.
4. Light Vest BV can offer a compound quotation to carry out part of the assignment against a corresponding part of the price.
5. Offers or quotations do not automatically apply to future orders.
6. Each agreement is established under the condition precedent in that the credit rating of the customer has proved satisfactory. If required, the customer may be required to provide adequate security to Light Vest BV.
ARTICLE 4 – IMPLEMENTATION OF THE AGREEMENT
1. An agreement over this can’t be undertaken for an indefinite period, unless the nature of the agreement dictates otherwise or if both parties expressly agree so in writing.
2. If the completion of the agreement is given a term, when the term is exceeded, the Customer Light Vest BV will contact the customer with a default.and Light Vest BV will offer a reasonable period to still implement the agreement. Exceeding the agreed delivery times due to whatever reason does not give the right to compensation, unless otherwise agreed in writing.
3. The place of delivery – unless agreed otherwise – in all cases is the actual or specified buyer address or the address of the office which was contracted.
4. The customer is not entitled to transfer the rights and obligations under the contract to a third party without written consent of Light Vest BV. The authorization may be subject to conditions.
5. Light Vest BV is entitled to the agreement to be carried out in several stages, and to separately bill all of these portions.
Article 5 – Suspension and Termination of the Agreement
1. Light Vest BV is entitled, at its discretion, to fulfill its obligations to suspend or terminate the agreement if:
a) The customer obligations under the agreement, are incomplete or untimely;
b) After the conclusion of the contract Light Vest BV learns of circumstances giving good grounds that the customer will not fulfill their obligations;
c) The customer is requested to provide security for the fulfillment of his obligations under the agreement, and this security is insufficient;
d) Delays in the implementation of the agreement, which is accounted for by the customer, mean that Light Vest BV can cancel the contact against the agreed conditions;
e) Force majeure within the meaning of Article 6 of these terms and conditions or are other circumstances arise of such nature that fulfillment of the agreement by Light Vest BV is impossible.
2. In the event of termination or suspension by Light Vest BV pursuant to paragraph 1 of this Article, it is in no way liable for damages and costs incurred. Any claims arising from termination of contract for Light Vest BV to the customer are immediately due and payable.
3. If termination or suspension by Light Vest BV is due to a shortcoming of buyer’s Light Vest BV, then they may be entitled to the full damage costs.
4. If the customer cancels all or part of an order placed, then the appropriate will goods ordered by Light Vest BV can be charged to the customer into account by means of a restocking fee at 20% of the market price.
ARTICLE 6 – FORCE MAJEURE
1. Circumstances beyond the will and actions of Light Vest BV which are of such a nature that compliance or further compliance with the agreement can not reasonably him be required as Force Majeure. By force majeure is, in any case, though not exclusively, defined as:
The fact that the Light Vest BV performance (including a performance of the purchaser),does not arrive in time, or is not properly delivered due to;
Strikes in Light Vest BV or third parties; Traffic interference; Government Measures Light Vest BV prevent its obligations on time or it properly to fulfill; riots, war; extreme weather conditions, fire; import, export and / or transit prohibitions.
2. In the event of temporary force majeure Light Vest BV has the right to choose the supply up during that time of the contract not yet performed, without any obligation for compensation. If this period lasts longer than two months, the customer acquires the right to terminate the agreement.
ARTICLE 7 – PRICE
1. All Light Vest BV prices used are based on the time of the submission of the offer.
2. Unless otherwise agreed in writing by Light Vest BV, indicated prices always include VAT and other government levies, shipping, postage, ncluding packaging costs and possible under the contract costs, including travel, accommodation and / or administration fees.
3. If Light Vest BV offer a ffixed price match, then Light Vest BV is nevertheless always entitled to increase this price without being entitled to the contract – if the increase in price results from a right or obligation under the law or regulations, or is caused by an increase in the price of raw materials, wages, production costs, currency exchange rates, etc., or other grounds that at the inception of the were not reasonably foreseeable agreement.
ARTICLE 8 – PAYMENT
1. Unless otherwise agreed, payment is requried immediately after ordering the goods. Additionally, Light Vest BV is always entitled to demand payment or to invoice based on advance payments or in installments.
2. Light Vest BV to demand at all times entitled Customer security for the proper and timely fulfillment of its payment obligations.
3. If the customer defaults in the timely payment of an invoice, then they are in default. The Purchaser shall owe an interest of 1% per month with a minimum of € 50, – unless the statutory interest is higher, the statutory rate, in which case it is due. The interest on the due amount will be calculated from the moment the buyer is in default until the moment of payment of the full amount owed.
4. Light Vest BV has the right to have the payments made to cover the costs, then against the interest due and finally to reduce the principal and accrued interest.
5. Light Vest BV can, without being in default, offer a payment refusal. Light Vest BV can refuse full payment of the principal, if not also the cases and accrued interest and collection costs.
6. The customer is never entitled to set off to the Light Vest he owes.
7. Objections to the amount of a bill to suspend the payment obligation.
8. If the Customer is in default in respect of the (timely) fulfillment of its obligations, then all reasonable costs to obtain payment out of court are covered by the customer. These extrajudicial costs are set at 15% of the principal with a minimum of € 40. Light Vest BV are entitles to higher costs for collection that were reasonably necessary. Any judicial and execution costs will also be recovered Customer.
9. Making payments from Buyer to Light Vest BV electronically, including via the Internet and using credit cards, are at the risk of the purchaser. Light Vest BV is not liable for damages of the Customer related to – or the result of – payments that are made electronically, via the Internet or through credit cards. Providing credit card information by Customer to Light Vest BV via the Internet or otherwise is at the risk of the purchaser.
ARTICLE 9 – OBLIGATIONS OF CUSTOMER
1. The customer undertakes Light Vest BV to enable the delivery to be made.
2. The customer guarantees for their own account, that:
a) The need for the provision of the service to Light Vest BV is cooperated;
b) The ordered goods or services are acquired;
c) The delivery under normal working conditions, on weekdays during normal working hours can take place from 08.00-18.00;
d) In the case of installation by Light Vest BV that:
– to be performed by third parties activities, other than the to Light Vest BV include work assigned, in a correct manner and are made on time, and that by works there of perform Light Vest BV no some disruption by it;
– light and power flow at a reasonable distance are available, and that the spaces in which it is worked are clean, dry and adequately heated;
e) In the case of delivery to a location or level designated by the customer, the alleged affairs with other suitable means of transport to the place can mean that the transport of the the goods out of the building is hindered.
3. If the ordered goods or services have been offered to the purchaser for delivery, but delivery was not possible because of the fact that the customer any of the above in paragraph 1 has not fulfilled, then obligations set can be refused. From this moment the purchaser is legally in default without further notice for this purpose by Light Vest BV is required. The day refusal taking place, is deemed to be the date of delivery of the ordered goods or services. The cases are from the moment the risk of the purchaser.
4. Notwithstanding the obligation to pay the purchaser in the event held under paragraph 3 to compensate by Light Vest BV as a result of the refusal damages; including making costs for storage and transport, the latter costs will be related to the on-site usual rates.
ARTICLE 10 – RETENTION
1. The delivered goods remain the property of Light Vest BV buyer until all obligations under the Light Vest BV agreement are properly implemented.
2. Light Vest BV delivered, made pursuant to paragraph 1. The fall title, may not be resold and must never as means of payment used. The customer is not entitled to under the title falling to pledge in any other way.
3. The customer, despite using the provisions of paragraph 1, may authorize the things he has received from Light Vest BV as part of its normal business.
4. The buyer must always do everything that reasonably could be expected of him to safeguard Light Vest BV ownership.
5. If third parties seize the goods delivered or rights under retention, then the customer must contact Light Vest BV to make it known immediately.
6. The customer must always ensure that the goods delivered under retention of the. All goods must be adequately insured against fire, water damage and theft. Buyers may be requested to provide this insurance policy on first request to Light Vest BV for inspection. In a possible benefit of the insurance Light Vest BV entitled to these tokens. In as much as the buyer undertakes as necessary as a matter of respect Light Vest BV to advance to cooperate with all that that framework as necessary.
7. In the event Light Vest BV wants ownership rights mentioned in this article exercise, gives the customer in advance unconditional and irrevocable consent to Light Vest BV and third parties designated by Light Vest BV to all those entering places where the property of Light Vest BV is located and to take it back,
ARTICLE 11 – GUARANTEES, RESEARCH AND LIMITATION PERIOD
1. Light Vest BV deliveries shall meet the usual requirements and standards that can be made reasonably at the time of delivery and for which they normally use in the Netherlands. The guarantee referred to in this Article shall apply to matters that are intended for use within the Netherlands. When used outside the Netherlands, the customer shall fulfill the conditions which they are made. Light Vest BV may then offer other guarantees and other conditions in respect of the supply business or the work to be performed.
2. The guarantee provided for in paragraph 1 of this Article shall not apply to products manufactured by third parties, then the guarantee is limited so that the producer of the case provided (manufacturer), unless the parties agree otherwise in writing.
3. Refurbished products agreed in advance with the customer that are no longer in mint condition come with a warranty period of 3 months.
4. If a product under warranty, and it is not functioning or not properly, the purchaser should contact Light Vest BV for return of the product by following the instructions given by Light Vest BV.
5. Any form of warranty is void if a defect is caused by or resulting from improper or improper use, lack of maintenance or willful neglect, improper storage or maintenance by the customer and / or by third parties. The Customer or third parties to have made case changes or have tried to bring that other cases were confirmed to be not confirmed or if they were processed or modified other than as prescribed manner. The Customer is not entitled to allow guarantee if the defect is caused by or arising from circumstances where Light Vest BV has no influence on, including weather conditions (such as but not limited to, extreme rainfall or temperatures).
6. Any defect in a product, which is caused by an intended purpose of the products normal and judicious use, will Light Vest BV upon written request to restore the customer within the warranty period, either free of charge or replaced with an equivalent product, to be determined choice of Light Vest BV.
7. Under the same conditions Light Vest BV grants a guarantee of three months carried out repairs. In this case, the transport costs borne by Light Vest BV.
8. If it is established that a complaint is unfounded, then the costs are thereby to have originated Light Vest BV (including research costs) entirely for the account of the Purchaser.
9. After the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs will be charged to the buyer.
10. Notwithstanding the statutory limitation periods, the limitation period is all claims and defenses against Light Vest BV and by Light Vest BV in the performance of a third party, once a year.
ARTICLE 12 – COMPLAINTS
1. The customer is obliged to investigate and contact Light Best BV as soo as issues arise. They must examine the customer quality and / or quantity of the product, to check that it corresponds with what was agreed and meets the requirements of the parties thereto have agreed. Any visible defects must mentioned to Light Vest BV in writing within five days after delivery reported. Any defects are not visible immediately, but in any event within fourteen days, after detection thereof, to be written to Light Vest BV reported. The report must contain a detailed description of the defects, so Light Vest BV is able to respond adequately. The Customer shall make a complaint to Light Vest BV immediately.
2. Damage to the package and / or carton of the product which at the time of physical visible delivery, should be noted on the consignment note or scan of the terminal to be specified parcel / carrier. If a defect is no such mention is made, the customer is not entitled to repair, replacement or compensation.
3. If the customer makes a timely complaint, suspension of the payment obligation may be granted.
4. If a defect notification is made, the customer is no longer entitled to repair, replacement or compensation.
5. Complaint cases may only be returned to Light Vest BV with express prior consent of Light Vest BV. Returns must be accompanied by the original packaging will not be accepted. After shipping regulations, Light Vest BV reserves the right to require that such cases to be sent to the given address.
6. If it is established that a case is weak, then Light Vest BV within a reasonable time after the return receipt is not possible, following notification of the defect by the Customer, at the discretion of Light Vest BV, replaced (to) repair or compensate by granting a price reduction. If Light Vest BV chooses replacement is the customer obliged to return to Light Vest BV case to replace and – as far as the property had already been transferred to the Customer – ownership transfer to Light Vest BV unless Light Vest BV indicates otherwise.
7. Complaints about invoices must be made within five working days of the date of dispatch of invoices, and be submitted in writing.
8. The customer may not claim application of the statutory provisions concerning distance contracts and agreements outside the sales area.
ARTICLE 13 – RECOURSE
1. Unless otherwise agreed in writing, shall be deemed the Customer and end-user and will not resell purchased products in the exercise of his profession or business.
2. In the event of resale by the Purchaser shall claims by the Purchaser pursuant to only be processed article 7:25 BW;
– if the Customer the facts on which the deviation of the product refers not know or ought to know;
– insofar as it is demonstrated by the purchaser that the departure did not cause hair found in a circumstance that occurred after the product to the customer delivered;
– after the customer the product, the completed RMA form of Light Vest BV, the receipt and handed it to supply proof vest Light BV;
– after the customer a written statement from the end user in which he explains his rights transfers under product liability to the Buyer, as well as an explanation of the Customer which he transfers those rights to Light Vest BV.
3. Light Vest BV reimburse any research, handling and other costs (including without limitation a fee for finding / data collection and documents such as purchase invoice / purchase receipt, storage costs and destruction costs) incurred by the Customer to administer a claim by reference or handle. These activities are in case of selling by Purchaser considered the normal operation of the customer properly.
ARTICLE 14 – LIABILITY
1. Where Light Vest BV is liable, this liability is limited to what is stated in this provision.
2. Light Vest BV is not liable for damages of any kind that are due to incorrect and / or incomplete data.
3. If Light Vest BV is liable for any damages, the liability of Light Vest BV is only limited to the invoice value of the order, at least that portion of the order to which the liability relates.
4. The liability of Light Vest BV is always limited to the amount that is paid by its insurer, as appropriate.
5. Light Vest BV is only liable for direct damages; never for indirect damage. Indirect damage is understood as consequential damage, profit loss, lost savings and loss caused by stagnation.
6. The limitations of liability contained in this article shall not apply if the damage is due to intent or gross negligence of Light Vest BV or its managerial subordinates.
ARTICLE 15 – TRANSFER OF RISK
1. The risk of loss or damage is transferred to the buyer.
ARTICLE 16 – INDEMNIFICATION
1. Customer Light Vest BV protects against any claims states by third parties in connection with the execution of the agreement that suffer damage which the cause is not attributed to Light Vest BV.
2. If Light Vest BV should be addressed by a third party, then Light Vest BV will assist in court. Should the Purchaser fail to take adequate measures, then Light Vest BV, without notice, are not liable. All costs and damages on the part of Light Vest BV and third parties are created, are for the account and risk of the Purchaser.
ARTICLE 17 – PRIVACY
1. Light Vest BV handles all personal data provided its conformity with the applicable legislation, in particular, the Data Protection Act.
2. All information provided by the customer to Light Vest BV is under this agreement (including the other provisions, including these terms), as well as the operation of Light Vest BV is necessary. Data will only be disclosed to third parties if this is necessary for such purposes.
ARTICLE 18 – DISPUTES AND APPLICABLE LAW
1. All legal relationships with Light Vest BV is a party, only the Dutch law applies even if a contract wholly or partly is made abroad or if the party involved in the legal relationship has its domicile. The applicability of the CISG is excluded.
2. All disputes shall be settled in the first instance by the competent court in the district of East Brabant, except that Light Vest BV shall be entitled to submit dispute to a competent court without afore clause to the dispute to take note.
3. The parties will only appeal to the courts after they have done their utmost to settle clamped a dispute among themselves.
4. If either party wants to make a dispute exists before then, he will so inform the other party in writing to submit a description of the dispute.
ARTICLE 19 – CHANGE CONDITIONS
1. These conditions are registered with the Chamber of Commerce in Eindhoven.
2. Applicable is the last registered version or the version valid at the time of the conclusion of the legal relationship with Light Vest BV.
3. Light Vest BV reserves the right to change these Terms. Light Vest BV will announce all changes on the Website. Changes take effect 30 days after such publication.