Article 1: General Terms and Conditions
1. On all offers of Varrstoen the following delivery and payment conditions apply. 2. In addition to these general conditions Varrstoen could apply additional terms specifically applicable to the type or nature of a certain transaction. The additional terms are part of these general conditions. 3. All mentioned terms and conditions prevail at all times over that of the buyer regardless if the conditions of the buyer are contrary to or differ from the terms of Varrstoen.
Article 2: Realization of the agreement
1. The purchase agreement is established by receiving a signed order confirmation at Varrstoen through e-mail, Internet, telephone or otherwise. 2. Varrstoen has the right, without any giving reason to decline or not to accept orders or only accept on condition that the shipping shall be done upon cash on delivery or after payment in advance, in which case the purchaser will be informed accordingly.
Article 3: Quotes
1. The prices listed on the Varrstoen website are not a quote. 2. Quotations are only issued on special request and are valid for a period 14 days unless otherwise indicated. 3. Quotations are free of obligation, unless otherwise stated in that quote.
Article 4: Special Offers
1. All offers listed on the Varrstoen website are only valid while on the website. 2. Varrstoen reserves itself the right for price changes to all offers listed.
Article 5: Pricing
1. All prices on the Varrstoen website include 19% VAT. 2. For all products the prices are used as stated on the Varrstoen website these can be subject to typing or printing errors. Varrstoen has the duty to inform the purchaser before delivery if this is the case. 3. Varrstoen's products are delivered at the prices prevailing on the date of order.
Article 6: Images
1. All images, drawings, information on weights, dimensions, colors, etc. included on this website are only approximates and cannot be used for compensations and/or termination of an agreement.
Article 7: Payment
1. The general rule is that delivery takes place after payment is received, unless otherwise agreed. Payment can be made using bank transfer in advance or cash on delivery. Delivery on account is only possible if explicitly agreed between the two parties. 2. In case Varrstoen sends an invoice, payment must be made within 7 days after the invoice date unless otherwise agreed in writing. 3. If the invoice is not payed within the agreed period and is overdue, there will be without any notification a debt to Varrstoen with an interest of 1.5% over the outstanding amount per month, of which a part for a month is counted as a whole month. 4. Varrstoen is entitled in the absence of payment to address this matter to a debt collection agency for collection. Once Varrstoen has initiated this procedure all legal and extrajudicial costs are for the account of the debtor. 5. Complaints and/or warranty claims that are in procedure give no right to delay payment or partial payment.
Article 8: Shipping
1. The products are shipped at the risk of Varrstoen. The buyer will carry the risk of the products from the moment they arrive at the specified address. 2. The buyer is obliged upon delivery to accept the products failing so the products will be stored by TPG postal/courier. The associated costs are for the account of the buyer. 3. If the buyer upon delivery of the products refuses to accept, they are sent back to Varrstoen, possibly after storage at TPG postal/courier service. 4. If the buyer without legal cancellation a shipment refuses to accept or in a period of 2 weeks has not collected it, by TPG courier service provided storage place/location, Varrstoen will send the buyer an invoice of all Varrstoen costs. These include transportation, administration and possible impairment. These costs amount to 15% of the principal value with a minimum of € 25, -. Varrstoen is entitled in the absence of payment to address this matter to a debt collection agency. Once Varrstoen initiated these procedures
Article 7 will be followed.
Article 9: Delivery
1. When paying by invoice or bank wire, on reception of the invoice amount or on cash on delivery, Shipping your order will take place within seven days. Should the delivery time exceed seven days the buyer will be informed accordingly with a notification of reason. 2. The delivery terms are not mandatory and should be interpreted as an obligation and are considered to have been given as an approximation. 3. Exceeding a delivery time the buyer will not be entitled to any compensations, termination of the contract or any other action against Varrstoen. 4. Ordered products can be collected using our showroom/warehouse .
Article 10: Warranty
1. Varrstoen is responsible for the highest quality of services it provides and for the adequacy and quality of products it supplies, provided that the Warranty does not go beyond the terms listed below. 2. Twelve months warranty on products supplied unless otherwise stated. 3. The buyer must provide a clear and extended description for the returned products who are offered to be repaired or replaced. These products are returned at their own expense in the original packaging with the original invoice included. The products are returned to Varrstoen or a designated repair service center. If after inspection imputable defects are found to Varrstoen's account, all defects will be rectified without charge. 4. If the defects caused by the buyer then all repair and shipping costs are on his behalf. 5. The purchaser cannot appeal to the warranty: A: if the Buyer the products have been neglected. B: if the buyer has made changes to products or had made repairs not performed by or on behalf of Varrstoen. C: to inappropriate or careless use, incorrect installation, damage effect by moisture or other external causes or disasters. D: for damage due to things like salt and brine, often occurring in winter conditions. E: if the product is not maintained in the normal or in the manner described in the manual. F: if the product is used with inferior or wrong accessories.. G: if the buyer the products otherwise has neclected.
Article 11: Retention
1. The ownership of the products is specifically reserved by Varrstoen until the full purchase amount has been met.
Article 12: Trademark
1. The trademarks or the type or identification numbers or marks on the by Varrstoen delivered products cannot be removed, damaged or changed. Any change in any event, will void the warranty.
Article 13: Liability Limitation
1. Varrstoen accepts no responsibility by damage to other products of a purchaser or third party directly or indirectly caused by a failure of a delivered product. 2. Varrstoen is in no way liable for damage to products which originated by mishandling, incompetence, improper installation, misuse or use outside the specifications. 3. Furthermore Varrstoen accept no liability for any damage, caused by irresponsible or unsafe practices during use, in any form or even while driving the car or standing still.
Article 14: Force Majeure
1. If Varrstoen due to unforeseen circumstances cannot comply to its obligations to the purchaser the fulfillment of the obligations is suspended for the duration of the Force Majeure. 2. If the force majeure lasts for 1 month, both parties have the right to terminate the contract to wholly or partially, where as far the Force Majeure situation justifies this action. 3. In case by force majeure the buyer is not entitled to any (compensation) payment, even if Varrstoen due to force majeure has any advantage. 4. Varrstoen will as soon as possible inform a buyer if a (potential) force majeure will occur.
Article 15: Dissolution
1. If the buyer cannot fulfill his obligations to Varrstoen in time or properly, and if bankruptcy is claimed or if he is declared bankrupt, he applies for a moratorium, or to its creditors or a Some of them offer a settlement or an agreement, in case of seizure of all of its assets or a part of, or the sale or liquidation of its business, and in case of death, under curatorship, or if he otherwise loses managing or loses the running of their business, products, the buyer is legally in default and every claim that Varrstoen makes, directly and payable at once without the requirement of any formal notification. 2. In cases mentioned in section 1 Varrstoen has the right, without any notice, For its part, to suspend the further implementation of the agreement or in whole or partially terminate the contract or use the statement of
3. Varrstoen is authorized at all times to claim damages to the buyer and take the products back.
4. If the buyer wishes to cancel the contract, he will first always inform Varrstoen in writing and set a reasonable term to fulfill its obligations, or to restore failures and any deficiencies, the buyer must accurately describe these facts in writing.
5. The buyer has no right to dissolve or partially dissolve the agreement or to suspend his obligations, if he was already in default in fulfilling his obligations.
6. In case of partial termination, the purchaser is not entitled to cancel part of past work performed and Varrstoen has full right to payment already made by her performance.
7. In regards to the law on buying at a distance to private buyers it is legally controlled that a cooling off period of 14 days is provided. The buyer can return the unused in impeccable condition salable products purchased and then the full purchase amount will be returned by Varrstoen.