General Webshop Terms and Conditions Hobby electronics

Before placing an order, we advise you to carefully read our General Terms and Conditions. These conditions apply to all agreements and orders via our webshop www.hobbyelectronica.nl

Name of webshop Hobbyelectronics

Company name: Schipper Automatisering BV

Business address: Acaciastraat 8, 3261 RC, Oud-Beijerland

E-mail: info@hobbyelectronica.nl

Web Store: www.hobbyelectronica.nl

Phone number: +31 (0)186 794511

Chamber of Commerce number: 58276726

VAT number: NL852960086B01

Article 1 Definitions

In these General Terms and Conditions:

Hobby electronics: the company (trading under the name Schipper Automatisering BV) that offers its products remotely to customers, via its webshop.
Customer: the natural person who places an order via the webshop and/or enters into a distance contract with Hobbyelectronica.
Products: all products that Hobbyelectronica offers through its webshop.
Consumer purchase: The purchase of a movable property by a consumer from Hobbyelectronica.
Reflection time: the period within which the customer can exercise his right of withdrawal.

Right of Withdrawal: the right of a customer to cancel the distance contract within the cooling-off period or to return a received order.
Model form: the model withdrawal form that Hobbyelectronica makes available to its customers that a customer can complete when he wishes to exercise his right of withdrawal.
Distance contract: an agreement concluded via a distance communication means.
General Terms and Conditions: the General Terms and Conditions set out below.
Webshop: the webshop of Hobbyelectronica. Accessible via www.hobbyelectronica.nl

Article 2 Applicability of General Terms and Conditions

These General Terms and Conditions apply to all orders and agreements.
By placing an order, the customer agrees to these General Terms and Conditions.
Any General Terms and Conditions or other conditions of third parties are expressly rejected by Hobbyelectronica.
The conditions below also apply to agreements for which Hobbyelectronica must involve third parties for the execution thereof.
The customer's acceptance and retention of an order, order confirmation or agreement without comment constitutes agreement with the application of these conditions.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these General Terms and Conditions.
If Hobbyelectronica does not always require strict compliance with these General Terms and Conditions, this does not mean that these General Terms and Conditions do not apply, or that Hobbyelectronica loses the right to demand strict compliance with these General Terms and Conditions in other cases.

Article 3 Webshop offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated.
The offer in the webshop is without obligation. Hobbyelectronica is at all times entitled to change and adjust the offer.
The range in the webshop of Hobbyelectronica contains a complete and accurate description of the products. The description is detailed enough for the customer to make a good assessment of the products. In any case, it states:

Name of the product
If applicable: type
Sales price including taxes
Amount of any shipping costs
(short) description of product

All images, product specifications and descriptions in the webshop are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. However, Hobbyelectronica cannot guarantee that the displayed colours exactly match the real colours of the products.
Obvious mistakes or obvious (typing) errors in the offer do not bind Hobbyelectronica.

Article 4 Conclusion of the agreement or order

The agreement is concluded at the moment that:

The customer has placed an order in the webshop by fully and correctly filling in all mandatory information
The customer has paid for the order in full
The customer has received an order confirmation at the specified e-mail address

An order is always confirmed electronically by Hobbyelectronica.
If Hobbyelectronica cannot reasonably be expected to fulfill the agreement, the confirmation of receipt will not be sent. In that case, the agreement will not be concluded and the amount paid will be refunded.
The confirmation of receipt that the customer receives after placing an order with Hobbyelectronica will in any case state:

A description of the product purchased and the quantity
The price of the product
Shipping
Total price of the order and VAT
Company details of Hobbyelectronica
Name, residential address, delivery address, billing address (if different from residential and/or delivery address) and email address of the customer as provided when ordering
The order number

Hobbyelectronica has the right – within legal frameworks – to inquire 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 Hobbyelectronica has good reasons not to enter into the contract on the basis of this investigation, it is entitled to refuse an order or to attach special conditions to the execution.
Each agreement is entered into under the condition precedent of sufficient availability of the products concerned.
Hobbyelectronica has the right to refuse and/or cancel orders without giving reasons.

Article 5 Customer obligations

When placing an order, the customer must provide Hobbyelectronica with all mandatory personal data. If the customer does not provide a residential address or delivery address when placing an order, Hobbyelectronica is entitled to refuse an order until the customer provides his residential address or delivery address.
The customer is responsible and liable for providing a correct and complete delivery address. Any changes to the delivery address must be changed by the customer in a timely manner.
The customer must fill in all mandatory personal data truthfully. If Hobbyelectronica suspects that the data provided is incorrect or incomplete, it has the right to cancel or not process the order.
The customer is obliged to inform Hobbyelectronica of a change of address. As long as Hobbyelectronica has not received a change of address, it will assume that the customer is resident at the last address known to Hobbyelectronica. The customer remains liable for orders that have been delivered to the old address.

Article 6 Delivery of orders

Products will be delivered while stocks last.
If the ordered product is in stock, delivery will take place within 5 working days after ordering. If delivery cannot take place or cannot take place on time, because the ordered products are not in stock, the customer will receive a message about this within 30 days after ordering.
Delivery times are indicative. The customer cannot derive any rights from the stated terms. Hobbyelectronica will deliver orders within 30 days after the order date. If this is not possible, the customer will receive messages by e-mail within 7 days after the order, the customer has the right to cancel the order without costs and notice of default.
Exceeding any delivery term does not entitle the customer to compensation or the right to cancel the order or terminate the agreement.
The delivery obligation of Hobbyelectronica will, unless proven otherwise, be fulfilled as soon as the products have been offered once by Hobbyelectronica to the customer at the specified delivery address. In the case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver.
All orders will be delivered exclusively to the address provided by the customer. The customer is responsible and liable for providing a correct and complete address. Hobbyelectronica is not responsible or liable if the customer provides an incorrect or incomplete address. Any changes to the delivery address must be changed by the customer in a timely manner. The delivery address can be changed as long as the order has not been shipped.
As soon as the products are delivered to the specified delivery address, the risk is transferred to the customer. The risk of damage and/or loss of products rests with Hobbyelectronica until the moment of delivery.
If an order consists of the delivery of multiple products, Hobbyelectronica is entitled to suspend delivery until all products can be shipped at the same time.
For orders from abroad, the customer is liable for any bank charges, sales tax or import duties. Hobbyelectronica reserves the right to refuse shipments abroad without stating reasons.

Article Pricing

Hobbyelectronica has the right to change its prices when this is necessary on the basis of (legal) regulations.
All prices in the webshop are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Hobbyelectronica is not obliged to deliver the product at the incorrect price.
All prices in the webshop are in Euros and include 21% VAT and exclude shipping costs.
Certain payment methods have additional costs. This will be clearly communicated to the customer before the order and during the ordering process.
Price increases within 90 days after ordering are permitted if they are the result of a statutory regulation or provision.

Article 8 Payment and collection costs

Orders can be paid in the following ways:

I-deal
Paypal
Transfer via bank or giro account.

Hobbyelectronica is always entitled to change the payment method referred to in paragraph 1.
Hobbyelectronica is entitled to charge costs for using a payment method. However, these costs are never higher than the actual average costs that Hobbyelectronica must pay for this payment method.
The customer cannot assert any rights regarding the execution of the order before the full advance payment has been made. Hobbyelectronica will only proceed with shipping once it has received the full invoice amount.
The ordered products will be kept available for 7 days pending payment. If payment is not made within 7 days, the order will be cancelled by Hobbyelectronica without further notice.
For payment via I-deal, Paypal and bank transfer the conditions of the third party apply. Hobbyelectronica is not a party in the relationship between the customer and the third party.
If the customer does not pay the invoice amount on time or in full, the customer is legally in default and Hobbyelectronica has the right, after having sent the customer at least one reminder, to charge statutory interest on the invoice amount from the due date until the day of full payment, without further notice of default.
All reasonable costs incurred as a result of extrajudicial collection of the claim are for the account of the customer. In any case, the customer is liable for collection costs. The extrajudicial costs are calculated in accordance with what is customary in Dutch collection practice.
The customer also owes statutory interest on the collection costs.

Article 9 Reflection period and right of withdrawal

In the case of a consumer purchase, the customer has the right to return (part of) the delivered products within 14 days without giving any reason. This period starts at the moment that all ordered products have been delivered to the customer.
During the cooling-off period, the customer is obliged to handle the product and packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
When the customer wishes to use his right of withdrawal, he is obliged to make this known to Hobbyelectronica within 14 days. The customer must make this known by means of the model form.
After the customer has indicated that he/she wants to use his/her right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods were returned on time, for example by means of proof of postal delivery.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the period referred to in paragraphs 3 and 4 or has not returned the product to Hobbyelectronica, the purchase is a fact.
When a customer exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Hobbyelectronica. If the products have been used, encumbered or damaged in any way by the customer, the right of withdrawal will lapse.
Hobbyelectronica ensures that within 14 days after revocation, provided that the product has been received in good order, the full purchase price including the calculated shipping costs will be refunded to the customer. If an order consists of multiple products and not all products are returned, only the full purchase price of the returned product will be refunded. The calculated shipping costs will then not be refunded to the customer.
The return of the delivered products is entirely at the customer's expense and risk.
Products must be returned to: Hobbyelectronica, Acaciastraat 8, 3261 RC, Oud–Beijerland.
The right of withdrawal as described in this article does not apply to:

Products whose price is subject to fluctuations in the financial market over which the supplier has no influence
Products that are manufactured according to customer specifications, for example custom work, or that have a clearly personal character.

Article Guarantee and conformity

Hobbyelectronica 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 supplied product.
The customer is obliged to check the delivered products immediately upon receipt. If it appears that the delivered product is incorrect, defective or incomplete, the customer must (before returning it to Hobbyelectronica) immediately report these defects in writing to Hobbyelectronica.
Any defects or incorrectly delivered products must be reported to Hobbyelectronica in writing within 10 days of delivery. Return of the products must be in the original packaging (including accessories and accompanying documentation) and in new condition.
If the customer's complaints are found to be justified by Hobbyelectronica, Hobbyelectronica will, at its discretion, either replace or repair the delivered products free of charge.
The warranty period of Hobbyelectronica corresponds to the manufacturer's warranty period. However, Hobbyelectronica 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.
The guarantee does not apply if:

the customer has repaired and/or edited the delivered goods themselves or has had them repaired and/or edited by third parties
the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of Hobbyelectronica and/or on the packaging
the defectiveness 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

Article 11 Complaints

Hobbyelectronica will resolve complaints as best as can reasonably be expected of it.
EAny complaint about the order must be submitted by the customer by e-mail within 7 days after discovery.
A submitted complaint will be answered within 5 days from the date of receipt. If Hobbyelectronica requires a longer period for the complaint, it will inform the customer about this in writing. Hobbyelectronica will give an indication of when the customer can expect a detailed answer.
In case of complaints, a consumer should first contact the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur, this will mediate free of charge. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the customer's obligations under the agreement or the General Terms and Conditions, unless Hobbyelectronica indicates otherwise in writing.

Article 12 Force majeure

Hobbyelectronica is not liable if and to the extent that it cannot fulfil its obligations as a result of force majeure.
The parties are not obliged to fulfil any obligation if this is the result of a circumstance that is not attributable to fault and for which they are not responsible under the law, legal act or generally accepted views.
In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which the parties have no influence, but which prevent them from fulfilling their obligations. This includes strikes in the company of Hobbyelectronica, its suppliers and other third parties.
Hobbyelectronica has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after Hobbyelectronica should have fulfilled its obligation.
Hobbyelectronica has the right to suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than 1 month, both the customer and Hobbyelectronica are entitled to terminate the agreement, without any obligation to compensate the other party for the damage suffered. If the aforementioned situation occurs when an order agreement has been partially delivered, Hobbyelectronica has the right to invoice the product already delivered separately. The customer is then obliged to pay this invoice as if it were a separate agreement.
Hobbyelectronica is not responsible for force majeure situations such as strikes at the postal service, hosting provider, telephone service or power failure.

Article 13 Liability and indemnity

Any liability of Hobbyelectronica is limited to what is stated in these General Terms and Conditions.
Hobbyelectronica is not liable for damage of any nature whatsoever arising from Hobbyelectronica having relied on incorrect and/or incomplete information provided by or on behalf of the customer.
Hobbyelectronica is not liable for damage resulting from the use of an ordered product, unless Hobbyelectronica is liable on the basis of any mandatory legal provision.
Hobbyelectronica is only liable for direct damage. Direct damage is understood to mean:

Reasonable costs incurred to ensure that Hobbyelectronica's defective performance complies with the agreement, insofar as this can be attributed to Hobbyelectronica.
Reasonable costs to determine the cause and extent of the (direct) damage.
Reasonable costs to prevent or limit the damage, to the extent that the customer demonstrates that these costs have led to a limitation of the direct damage.

Hobbyelectronica is not liable for indirect damage. This includes:

Lost profit;
Missed savings;
Consequential damage;
Reputational damage;
Non-material damage;
Disappointed expectations;
Business or other stagnations.

To the extent that Hobbyelectronica is liable for the failure to perform the agreement, the failure to perform it on time or the failure to perform it properly, its liability is limited to a maximum of the purchase price of the product in question. In any case, Hobbyelectronica's liability is limited to the amount of the insurer's payment in the event in question.
Any liability of Hobbyelectronica expires after 1 year. In the absence of this, any right to compensation expires.
Hobbyelectronica is not liable in the event of force majeure.
The limitations included in this article do not apply if the damage is due to intent or gross negligence on the part of Hobbyelectronica.
The customer indemnifies Hobbyelectronica against any claims by third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to other than Hobbyelectronica.
If Hobbyelectronica is approached by third parties on this basis, the customer is obliged to assist Hobbyelectronica both out of court and in court and to immediately do everything that may be expected of him in that case. If the customer fails to take adequate measures, Hobbyelectronica is entitled to do so itself, without notice of default. All costs and damage on the side of Hobbyelectronica and third parties that arise as a result, are entirely for the account and risk of the customer.

Article 14 Retention of title

The ownership of all products sold and delivered by Hobbyelectronica to the customer remains with Hobbyelectronica until the customer has paid Hobbyelectronica's claims under the agreement or previous or subsequent similar agreements.
The goods delivered by Hobbyelectronica, which are subject to the retention of title pursuant to paragraph 1, may not be resold by the customer. The customer is not authorised to pledge or otherwise encumber the goods subject to the retention of title.
The customer must always do everything that may reasonably be expected of him to establish the ownership rights of Hobbyelectronica. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the customer is obliged to inform Hobbyelectronica thereof immediately.
In the event that Hobbyelectronica wishes to exercise its property rights, the customer hereby grants unconditional and irrevocable permission in advance to Hobbyelectronica to enter all places where Hobbyelectronica's property is located and to take it back.

Article 15 Intellectual property

All copyrights and other intellectual property rights remain with Hobbyelectronica, unless the parties have agreed otherwise in writing.
Hobbyelectronica expressly reserves all intellectual property rights to its webshop.
The customer is not permitted to copy, publish, exploit or reproduce the information or images from the webshop.

Article 16 Applicabilitylaw and jurisdictionjudge

Dutch law applies to all agreements and orders, even if the customer lives abroad.
The Vienna Sale Convention does not apply.
Disputes between the parties will only be submitted to the competent court after the parties have made every effort to resolve the dispute by mutual agreement.
If a dispute cannot be resolved by mutual agreement, it will be submitted to the competent court.

Article 17 Location and amendment of General Terms and Conditions

Hobbyelectronica is entitled to change or supplement these General Terms and Conditions. The most recent version or the version that applied at the time the agreement was concluded shall always apply.
The General Terms and Conditions can be consulted on the Hobbyelectronica webshop, namely www.hobbyelectronica.nl At the customer's request, Hobbyelectronica will send a written copy free of charge.

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