Terms and Conditions
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read it carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. BS tools: established in Gilze and registered with the Chamber of Commerce under registration number 18039418 trading under the name BS tools.
1.2. Website: the website of BS tools, which can be consulted via bstools.nl and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with BS tools and / or has registered on the Website.
1.4. Agreement: any agreement or agreement between BS tools and the Client, of which agreement the General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: the present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of BS tools, unless expressly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions in its order, confirmation or notification, which include acceptance, these are only binding on BS tools if and insofar as these have been expressly accepted in writing by BS tools.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions the Customer can always invoke the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from BS tools include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, BS tools cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials derived from BS tools are therefore subject to manifest programming and typing errors.
3.4. BS tools cannot be held responsible for (color) deviations due to screen quality.
Article 4. Establishment of the Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer of BS tools and compliance with the conditions set by BS tools.
4.2. If the Client has accepted the offer electronically, BS tools will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3. If it appears that incorrect information was provided by the Client when accepting or otherwise entering into the Agreement, BS tools has the right to only fulfill its obligation after the correct information has been received.
4.4. BS tools can inform itself within legal frameworks whether the Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, BS tools has good reasons not to enter into the Agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions, such as advance payment, to the execution.
Article 5. Registration
5.1. To make the best use of the Website, the Customer can register via the registration form / the account registration option on the Website.
5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
5.3. The customer must keep his login details, his username and password strictly confidential. BS tools is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens via the Client's account is the responsibility and risk of the Client.
5.4. If the Client knows or suspects that his login details have become unauthorized, he must change his password as soon as possible and / or inform BS tools thereof, so that BS tools can take appropriate measures.
Article 6. Performance of the Agreement
6.1. As soon as the order has been received by BS tools, BS tools will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
6.2. BS tools is entitled to engage third parties to perform the obligations arising from the Agreement.
6.3. The Website clearly describes, in time for the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
6.4. If BS tools cannot deliver the products within the agreed term, it will notify the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
6.5. BS tools advises the Client to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing. See also the Article regarding warranty and conformity.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, with regard to these products, is transferred to the Customer. If expressly agreed otherwise, the risk will already pass to the Customer earlier. If the Customer decides to collect the products, the risk passes when the products are transferred.
6.7. BS tools is entitled to deliver a similar product of similar quality as the ordered product, if the ordered is no longer available. The customer is then entitled to terminate the Agreement free of charge and to return the product free of charge.
Article 7. Right of withdrawal
7.1. This article only applies to the Customer who is a natural person who does not act in the exercise of his profession or business.
7.2. The customer has the right to dissolve the remotely concluded Agreement with BS tools free of charge within 14 days after receipt of the product, without stating reasons.
7.3. The period commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
in Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.4. The customer must bear the return costs himself, if these costs are higher than the regular postal rate, BS tools gives an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the costs for returning and remain at the Customer's own expense.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and use the product only to the extent necessary to ascertain the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go further than that the Customer could do in a physical store.
7.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.
7.7. The Customer may terminate the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to BS tools, or by informing BS tools in any other unequivocal manner that he has waived the purchase. In the event of a digital report, BS tools will confirm receipt of that report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement of withdrawal is included.
Products can be returned to:
7.8. Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same way that the Customer paid the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, BS tools does not have to reimburse the additional costs for the more expensive method. Unless BS tools offers to collect the product itself, BS tools may wait to pay back until BS tools has received the product or until the Customer proves that he has returned the product, whichever is earlier.
7.9. The Website clearly states, in good time before the conclusion of the Agreement, whether or not the right of withdrawal applies and any desired procedure.
7.10. The right of withdrawal does not apply to:
Products that have been created by the entrepreneur in accordance with the Client's specifications;
Article 8. Business return right
8.1. The previous article regarding the right of withdrawal applies mutatis mutandis to business orders, although:
Business Customer must terminate the Agreement with BS tools within 14 days of receipt of the product.
Business Customer will only receive the purchase amount after receipt of the return by BS tools. The customer is responsible for the return and for the costs of the return.
Business Customer must return BS tools an unused product in undamaged packaging. If the Business Client does not comply with this, BS tools is entitled to refuse a return or to charge repair costs or damage for this.
amounts already paid by the Business Client (in advance) will be refunded by BS tools as soon as possible, but no later than 30 days after termination of the Agreement and receipt of the returns.
Article 9. Payment
9.1. The customer must make payments to BS tools according to the payment methods indicated in the order procedure and possibly on the Website. BS tools is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
9.2. If the Customer does not meet his payment obligation (s) in time, after he has been informed of the late payment by BS tools and BS tools has granted the Customer a period of 14 days to still fulfill his payment obligations, after if payment is not made within this 14-day period, statutory interest is due on the amount still owed and BS tools is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. BS tools may deviate from the aforementioned amounts and percentages for the benefit of the Client.
Article 10. Warranty and conformity
10.1. This article only applies if there is a Customer who does not act in the exercise of his profession or business. If BS tools gives a separate warranty on the products, this applies to all types of Customers, without prejudice to what has just been stated.
10.2. BS tools guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, BS tools also guarantees that the product is suitable for other than normal use.
10.3. If the delivered product does not comply with the Agreement, the Customer must notify BS tools thereof within a reasonable period after he has discovered the defect.
10.4. If BS tools deems the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, subject to the Article on liability, equal to the price paid by the Customer for the product.
Article 11. Warranty for business purchases
11.1. BS tools guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, BS tools also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
11.2. If the delivered product does not comply with the Agreement on delivery, the Customer must notify BS tools thereof within no more than 5 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc. if the product has been delivered defectively.
11.3. If BS tools deems the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Client.
Article 12. Complaints procedure
12.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and / or about other aspects of the services provided by BS tools, he can submit a complaint to BS tools by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
12.2. BS tools gives the Client a response to his complaint as soon as possible, but in any case within 3 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, BS tools will confirm the complaint within 3 days after receipt of the complaint and give an indication of the period within which it expects to give a substantive or final response to the complaint from Customer.
12.3. Customers who are not acting in the exercise of their profession or business can also file a complaint through the European dispute resolution platform, which can be reached at http://ec.europa.eu/odr/.
Article 13. Liability
13.1. This Article only applies if the Client is a natural or legal person who acts in the exercise of his profession or business.
13.2. The total liability of BS tools towards the Client due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
13.3. Liability of BS tools towards the Client for indirect damage, including in any case - but expressly not exclusively - including consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.
13.4. Apart from the cases referred to in the previous two paragraphs of this Article, BS tools is not liable to the Client for any compensation whatsoever, irrespective of the ground on which an action for compensation would be based. However, the restrictions mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence of BS tools.
13.5. The liability of BS tools towards the Client due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer immediately and properly puts BS tools in default in writing, thereby setting a reasonable period for remedying the shortcoming, and BS tools also after that period in the fulfillment. of its obligations continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that BS tools is able to respond adequately.
13.6. A condition for the creation of any right to compensation is always that the Customer reports the damage to BS tools in writing as soon as possible, but no later than 30 days after it has arisen.
13.7. In the event of force majeure, BS tools is not obliged to compensate for any damage caused to the Client.
Article 14. Retention of title Business Purchases
14.1. All delivered goods remain the property of BS tools until all claims that BS tools has on Business Client (including any related (collection) costs and interest) have been paid in full.
14.2. The Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with his normal business and the normal destination of the goods, before the transfer of ownership referred to. In addition, the Business Customer is not permitted to pledge these goods or grant any other right to third parties as long as the ownership of these goods has not been transferred to the Business Customer.
14.3. The Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of BS tools.
14.4. BS tools is entitled to take back the goods that have been delivered subject to retention of title and that are still present with the buyer if the Business Customer does not ensure timely payment of the invoices or is or threatens to have payment difficulties.
14.5. Business Customer will at all times grant BS tools free access to its goods for inspection and / or for exercising the rights of BS tools.
Article 15. Personal data
15.1. BS tools processes the personal data of the Client in accordance with the privacy statement published on the Website.
Article 16. Final provisions
16.1. Dutch law applies to the Agreement.
16.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where BS tools is located.
16.3. If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as replacement, which will give shape as much as possible to the intention of the original provision.
16.4. In these General Terms and Conditions “in writing” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by email.
Email: [email protected]
Chamber of Commerce number: 18039418
VAT number: NL806772475B01