Apodemus-service

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Terms and conditions of use

General terms and conditions [download]

 

Article 1
Definitions
1.1 Apodemus field equipment, with its registered office in Mheer and registered with the South Limburg Chamber of Commerce, trade register number 14081365.
1.2 Corporate Client: The natural person or legal entity, acting in the performance of a profession or the operation of a business, that has entered into an agreement with Apodemus field equipment.
1.3 Consumer: The private individual who enters into an agreement with Apodemus field equipment.
1.4 Contractor: Apodemus field equipment.
1.5 Products: The broadest understanding of a good or object supplied by Apodemus.

 

Article 2

Identity of the Contractor

 

Apodemus field equipment

Address: Papenweg 5

6261 NE Mheer

The Netherlands

Tel.: +31 (0)6-55738510

E-mail address: info@apodemus.eu



Article 3

Applicability

3.1 The general terms and conditions are applicable to all legal relationships between the contractor and the corporate client and between the contractor and the consumer, subject to modifications in these terms and conditions which must be confirmed explicitly in writing by both parties. If the contractor has agreed upon a deviation from these terms and conditions with the client in the performance of any assignment, the client can never rely upon this in subsequent assignments. If one or more provisions in these general terms and conditions are partly or entirely null and void or annulled, the remaining general terms and conditions will remain fully applicable.
3.2 The applicability of any purchasing conditions or other terms and conditions used on the part of the client is explicitly and always rejected.

3.3 The Contractor explicitly states that in all its legal relationships with consumers, the mandatory provisions as set out in the “Act on the protection of the consumer in agreements entered into remotely” are applicable to these general terms and conditions.

 

Article 4

Notice period for consumers

4.1 When purchasing products, the consumer has the option of dissolving the agreement without giving reasons during the period of seven days starting from the moment of receipt of the product.
4.2 During this period, the consumer will handle the product and the packaging with care. The consumer shall only use the product to the extent necessary to assess whether or not he/she wishes to keep the product. If the consumer relies upon his/her right of revocation, he/she will return the complete product in its original and undamaged state to the contractor.

 

Article 5
Delivery period
5.1 In the legal relationship between a corporate client and the contractor, the delivery periods stated by the contractor are at all times no more than an indication and these can therefore never be viewed as a strict deadline.
5.2 The delivery period commences at the moment that the client has explicitly confirmed the offer to perform the agreement.

Article 6
Payment

6.1 Payment must take place within 14 days of the date of the invoice in the manner prescribed by the contractor.
6.2 In the event of this period being exceeded, the client will be in default by operation of law and he or she will owe default interest equal to the applicable statutory rate of interest. All judicial and extra-judicial costs involved in the collection of the payment will also be charged to the client.
6.3 In the case of liquidation, bankruptcy, seizure or suspension of payments on the part of the client, the claims of the contractor against the client will be immediately due and payable.
6.4 Corporate clients have the option of paying on the basis of invoices.



Article 7
Retention of title
7.1 All items delivered by the contractor, or products of a different nature that arise from the agreement, remain the property of the contractor until the client has satisfied all of the following obligations of all agreements entered into with the user.
7.2 The client is not authorised to pledge or encumber in any other way the items subject to retention of title.
7.3 The client undertakes to insure and keep insured the items delivered under retention of title against fire, explosion and water damage as well as against theft and to produce the policy document of this insurance for inspection at the first request.

 

Article 8
Force majeur
8.1 The contractor is not obligated to fulfil any obligation towards the client if the reason for the non-fulfilment has arisen from a circumstance for which the blame cannot be attributed to the contractor, nor if the contractor cannot be held liable for that circumstance pursuant to the law, a juristic act or generally accepted standards.

8.2 During the period in which the
force majeur continues, the contractor may suspend the obligations arising from the agreement. If the force majeur lasts longer than the period of thirty days, both the client and the contractor are entitled to dissolve the agreement, without any obligation to compensate the other party for losses suffered.

Article 9

Complaints procedure

9.1 The contractor has a complaints procedure that consumers can follow and will handle any complaints in accordance with the “Act on the protection of the consumer in agreements entered into remotely”.
9.2 Complaints relating to the performance of the agreement must be submitted in writing within an appropriate amount of time, described fully and clearly, sent/delivered to the address of the contractor.
9.3 Complaints submitted to the contractor will be responded to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the contractor will send a response within 14 days in the form of a confirmation of receipt and an indication of when a more extensive response can be expected.

 

Article 10
Final provisions
10.1 The applicable version of the general terms and conditions is the version that applied when the agreement came into being, unless the client has accepted the validity of a revised version of the general terms and conditions after entering into the agreement.
10.2 The parties will first appeal to the courts after they have made every possible effort to settle a dispute through mutual consultation. This explicitly means that they collectively go to a recognised mediator with the aim of resolving the conflict together before appealing to the courts.
10.3 The legal relationship between the contractor and the consumer and between the contractor and the corporate client are subject exclusively to Netherlands law.
10.4
If any differences should exist between the agreement and the terms and conditions as drawn up in Dutch and the translation of that agreement and those terms and conditions, the provisions in the Dutch agreement and Dutch terms and conditions shall be binding.