General Terms and Conditions of trading company NHP International, located in Reusel (Netherlands)
Version valid from 24-06-2020
General
1. These general terms and conditions apply to all products and offers from NHP International. The conditions are accessible to everyone and included in the webshop. On request we will send you a written copy.
2. By placing an order you indicate that you agree to the delivery and payment conditions. nhp-international.com reserves the right to change its delivery and/or payment terms after the expiry of the term.
3. Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by nhp-international.com.
4. nhp-international.com guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
1. Delivery takes place while stocks last.
2. In the context of the rules of distance purchasing, NHP International will execute orders at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer will receive information within 1 month after placing the order. order and in that case he has the right to cancel the order without costs and notice of default.
3. Unless proven otherwise, NHP International’s delivery obligation will be fulfilled as soon as the goods delivered by NHP International have been offered to the customer. In the case of home delivery, the carrier’s report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
4. All terms stated on the internet sites are indicative. Therefore, no rights can be derived from the stated periods.
Prices
1. Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
2. All prices on the sites are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3. All prices on the sites are in EUROs and exclusive of 21% VAT.
B2B Conditions
1. NHP International is a B2B supplier, therefore we do not deliver to private individuals. If you place an order on nhp-international.nl as a private individual, it will fall under the stated B2B conditions. In this case, there is no right to a trial period/right of withdrawal. Only if products have not been delivered according to the stated characteristics, there is a possibility of return. Think about;
– Damaged/incomplete products (where this is not indicated).
– Incorrectly delivered products
2. In the case of the above, the products can be returned free of charge and the amount of the relevant products and shipping will be credited and refunded.
Data management
1. If you place an order with NHP International, your data will be included in the customer base of NHP International. It complies with the Personal Data Registration Act and will not provide your data to third parties. See our Privacy Policy.
2. NHP International respects the privacy of the users of the internet sites and ensures confidential treatment of your personal data.
3. NHP International uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
Warranty
1. NHP International guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer’s warranty for the product delivered to you.
2. NHP International’s warranty period corresponds to the manufacturer’s warranty period. However, NHP International is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
3. The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must immediately report these defects in writing to NHP International (before returning it to NHP International) (this can be done by email to: info@nhp-international. com). Any defects or incorrectly delivered goods must and can be reported in writing to NHP International no later than 1 month after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
4. If complaints from the customer are found to be well-founded by NHP International, NHP International will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of NHP International and therefore the The amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of NHP International) to the maximum amount covered in the relevant case by NHP International’s liability insurance. Any liability of NHP International for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
5. NHP International is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6. This warranty does not apply if: A) and as long as the customer is in default towards NHP International; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of NHP International and/or the instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
Offers
1. Offers are without obligation, unless stated otherwise in the offer.
2. If the buyer accepts a non-binding offer, NHP International reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
3. Oral commitments only bind NHP International after they have been expressly confirmed in writing.
4. Offers from NHP International do not automatically apply to repeat orders.
5. NHP International cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
6. Additions, changes and/or further agreements are only effective if agreed in writing.
Agreement
1. An agreement between NHP International and a customer is concluded after an order / assignment has been assessed for feasibility by NHP International.
2. NHP International reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
Images and specifications
1. All images; photos, drawings, etc.; including information regarding weights, dimensions, colors, images of labels, etc. on the NHP International internet sites are only approximate, are indicative and cannot give rise to compensation or termination of the agreement. All photos and images are protected by copyright. None of these may be used outside the nhp-international.com sites.
Force majeure
1. NHP International is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
2. Force majeure means any external cause, as well as any circumstance that should not reasonably be at its risk. Delays or failure to perform by our suppliers, disruptions to the Internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence of suppliers and/or or manufacturers of nhp-international.com as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment expressly constitute force majeure.
3. In the event of force majeure, NHP International reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is NHP International obliged to pay any fine or compensation.
4. If NHP International has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
Liability
1. NHP International is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and/or consult our websites before use.
Retention of title
1. Ownership of all goods sold and delivered by NHP International to the customer remains with NHP International as long as the customer has not paid NHP International’s claims under the agreement or previous or later similar agreements, as long as the customer has performed or will work to be performed under this or similar agreements has not yet been fulfilled and as long as the customer has not yet paid NHP International’s claims due to failure to comply with such obligations, including claims regarding fines, interest and costs, all this as referred to in Article 3:92 of the Dutch Civil Code.
2. The goods delivered by NHP International that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
3. The customer is not entitled to pledge or encumber the items subject to the retention of title in any other way.
4. The customer now gives unconditional and irrevocable permission to NHP International or a third party to be appointed by NHP International, in all cases in which nhp-international.com wishes to exercise its property rights, to enter all those places where its property will then be located. and to take those things with them there.
5. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform NHP International of this as soon as can reasonably be expected.
6. The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to NHP International upon first request.
Applicable law/competent court
1. Dutch law applies to all agreements.
2. Disputes arising from an agreement between NHP International and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court in the Eindhoven district, unless NHP International prefers to submit the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.
