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Terms and Conditions

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Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - The price
Article 7 - Payment
Article 8 - Delivery and execution
Article 9 - Conformity and guarantee
Article 10 - Exclusion of right of withdrawal
Article 11 - Advertising
Article 12 - Liability
Article 13 - Indemnity
Article 14 - Force majeure
Article 15 - Complaints procedure
Article 16 - Applicable law and disputes
Article 17 - Additional or different provisions
Article 18 - Changes to conditions




Article 1 - Definitions
In these conditions:

1.      Additional agreement: an agreement whereby the customer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

2.      Buyer: the natural or legal person who acts for purposes related to his trade, business, craft or professional activity;

3.      Day: calendar day;

4.      Digital content: data produced and delivered in digital form;

5.      Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;

6.      Durable data carrier: every tool - including e-mail - that enables the customer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose. for which the information is intended, and which enables unaltered reproduction of the stored information;

7.      Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or remote services to the customer;

8.      Distance contract: an agreement concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;

9.      Technology for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be in the same room at the same time;



Article 2 - Identity of the entrepreneur

Name: ORICO.shop
Under the name of Groothandel-XL BV

Address: Molendwarsstraat 66
Postal code: 7391 ZS Twello
Telephone number: +31 (0) 571 700 504 (from 9:00 am to 4:30 pm)
E-mail address: info@orico.shop
Chamber of Commerce number: 08225999
VAT identification number: NL 822424630 B01



Article 3 - Applicability

1.      These general terms and conditions apply to every offer made by the trader and to every distance contract that has been established between the trader and the customer, insofar as the parties have not deviated from these conditions explicitly and in writing.

2.      Before the distance contract is concluded, the text of these general conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they are sent at the request of the buyer as soon as possible.

3.      If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the customer in such a way that the customer can a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent electronically or by other means at the request of the customer.

4.      In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of contradictory conditions the customer can always invoke the applicable provision that is most favorable to him. .

5.      If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that the scope of the original approached as much as possible.

6.      Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7.      Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained 'in the spirit' of these general conditions.

8.      If the entrepreneur does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would in any way lose the right to demand strict compliance with these conditions in other cases.


Article 4 - The offer

1.      The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

2.      If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

3.      The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4.      All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.

5.      Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.

6.      Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.



Article 5 - The contract

1.      The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the corresponding conditions.

2.      If the buyer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.

3.      If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.

4.      The entrepreneur can - within the legal framework - inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

5.      At the latest upon delivery of the product, service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:
A. the visiting address of the business location of the entrepreneur where the customer can go with complaints;
B. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

C. the information about guarantees and existing service after purchase;
D. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
E. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;

6.      In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.



Article 6 - The price

 

1.      During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2.      Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

3.      The prices stated in the offer of products or services are exclusive of VAT.

4.      All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.



Article 7 - Payment

1.      Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer must be paid within 14 days after the conclusion of the agreement.

2.      In the event of prepayment, the customer can not assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has taken place.

3.      The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4.      If the customer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the customer a period of 14 days to still fulfill his payment obligations, after the customer has failure to pay within this 14-day period, the legal interest owed on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the customer.


Article 8 - Delivery and execution

1.      The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2.      The place of delivery is the address that the customer has made known to the entrepreneur.

3.      With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 2 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the customer will receive this no later than 2 days after he has placed the order.

4.      All delivery terms are indicative. The customer can not derive any rights from any specified terms. Exceeding a term does not entitle the customer to compensation.

5.      If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered.

6.      The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer, unless expressly agreed otherwise and up to a maximum of 520 euros per package.


Article 9 - Conformity and guarantee

1.      The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2.      A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur under the agreement

3.      The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

4.      The guarantee does not apply if:

O           The customer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;

O           The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;

O           The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

5.      Any return of the products must be in the original packaging and in new condition.


Article 10 - Right of withdrawal

1.      Right of withdrawal is excluded for business purchases. These are not covered by the Distance Selling Act.


Article 11 - Advertising

1.      The customer is obliged to inspect the delivered goods for defects immediately after the moment that the products are made available to him. The customer should then examine whether quality and / or quantity corresponds with what has been agreed.

2.      If a product is damaged or defective at arrival, you must report this within 48 hours. Thereafter the right to claim expires.

3.      After consultation it can be agreed to return the product. This happens as soon as possible, but no later than 7 days from the day on which the item was delivered.

4.      The customer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

5.      The risk and the burden of proof for the correct and timely execution of the complaint lies with the customer.

6.      The customer bears the direct costs of returning the product.

7.      When a - or multiple - products of an order are advertised, the payment obligation of the entire order remains valid .


Article 12 - Liability

1.      Entrepreneur is only liable for direct damage. Liability for indirect damage, including loss of profit, consequential loss, loss, missed savings and damage due to business interruption, is expressly excluded.

2.      Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs made to the defective performance of the entrepreneur to the agreement. to have them answered, insofar as these can be attributed to the entrepreneur and reasonable costs incurred to prevent or limit direct damage as referred to in these general terms and conditions.

3.      Any liability for direct damage of the entrepreneur vis-à-vis the customer, for whatever reason, is limited per event (whereby a coherent series of events counts as one event) to the invoice amount actually paid by the entrepreneur to the entrepreneur of the relevant month in which the damage occurred shipping costs.

4.      Entrepreneur is not liable for damage of any kind, caused by the fact that the entrepreneur has assumed incorrect and / or incomplete information supplied by or on behalf of the buyer.

5.      The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the entrepreneur or his subordinates.


Article 13 - Indemnity

1.      The customer indemnifies the entrepreneur for any claims by third parties, who suffer damage in connection with the execution of the agreement and of which the cause is attributable to other than the entrepreneur.

2.      If the entrepreneur is called upon by third parties for this reason, then the customer is obliged to assist entrepreneur both outside and in law and immediately do everything that may be expected of him in that case. Should the buyer fail to take adequate measures, then the entrepreneur, without notice of default, is entitled to proceed to this himself. All costs and damage on the part of the entrepreneur and third parties thereby arise, are fully at the expense and risk of the customer.


Article 14 - Force Majeure

1.      The entrepreneur is not obliged to fulfill any obligation towards the customer if he is prevented from doing so as a result of a circumstance that is not due to fault and not under the law, a legal act or generally accepted for his account.

2.      By force majeure is meant in these general terms and conditions, in addition to what is understood in the law and jurisprudence, all external causes, foreseen and not foreseen, on which the entrepreneur can not exercise influence, but whereby entrepreneur is unable to meet his obligations. . The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) performance of the contract occurs after the entrepreneur should have fulfilled his obligation.

3.      Entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement without any obligation to compensate the other party for damage.

4.      Insofar as the entrepreneur has at the time of the occurrence of force majeure partially fulfilled his obligations under the agreement or will be able to comply with it, and the part to be respectively vested is due, the entrepreneur is entitled to separate the part already fulfilled or to be fulfilled. to invoice. The customer is obliged to pay this invoice as if it were a separate agreement



Article 15 - Complaints procedure

1.      The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2.      Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.

3.      Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.

4.      If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products at its option or the delivered products free of charge.

5.      If the complaint can not be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.



Article 16 - Applicable law and disputes

1.      Contracts between the entrepreneur and the customer to which these general terms and conditions apply are governed exclusively by Dutch law.

2.      The parties will first appeal to the court after they have made every effort to settle a dispute in mutual consultation.



Article 17 - Additional or different provisions

1.      Additional additional or deviating provisions may apply that have been agreed in advance or in writing between buyer and entrepreneur and are therefore not included in these general terms and conditions.


Article 18 - Changes to conditions

1.      The entrepreneur reserves the right to change these Terms and Conditions unilaterally.

2.      Applicable is always the version that applied at the time of the establishment of the relevant legal relationship with the entrepreneur. The Customer is advised to regularly check the Terms and Conditions for changes