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Terms and conditions consumer

General Terms and Conditions of Staalgoed Handel BV, where the customer is a natural person and does not act in the exercise of a profession or business and enters into a distance contract with us.

Table of contents

Terms and Conditions webshop Betonstaal.nl

  • Article 1 Definitions
  • Article 2 Our identity
  • Article 3 Applicability
  • Article 4 Information
  • Article 5 Confirmation and security
  • Article 6 Right of withdrawal upon delivery of products
  • Article 7 Right of withdrawal upon delivery of services and digital content that is not delivered on a tangible medium
  • Article 8 Exclusion of right of withdrawal
  • Article 9 Dissolution by withdrawal
  • Article 10 The price
  • Article 11 Conformity and guarantee
  • Article 12 Delivery and execution
  • Article 13 Extended transactions: cancellation, extension and duration
  • Article 14 Payment
  • Article 15 Complaints procedure
  • Article 16 Disputes
  • Article 17 Compliance guarantee Qshops Keurmerk
  • Article 18 Intellectual property
  • Article 19 Personal data
  • Article 20 Applicable law and competent court
  • Article 21 Links
  • Article 22 Your data
  • Article 23 Additional or different provisions


Article 1 Definitions

In these terms and conditions the following defintions apply:

1. We: the natural or legal person who offers products and / or services to consumers at a distance; in this case the webshop where you made the purchase.

2. You: this is you; the natural person who does not act in the exercise of a profession or business and enters into a distance contract with us.

3. Distance contract: Distance contract: an agreement that solely or partly uses one or more techniques for distance communication (see No. 4) for the sale of a product, service or digital content up to and including the conclusion of the contract, for example, an order from an online shop, but also telephone or written orders.

4. Technique for distance communication: means that can be used to conclude an agreement, without you and us being in the same room at the same time; for example telephone or internet.

5. Reflection period: the period within which you can make use of the right of withdrawal.

6. Right of withdrawal: your ability to withdraw from the distance contract within the reflection period.

7. Day: calendar day.

8. Extended transaction: a distance contract for a range of products, services or digital content, whose delivery and / or purchase obligation is spread over time.

9. Durable medium: any means that you can use to store information that is addressed to you personally, whereby this information can be consulted at a later date and unaltered reproduction of this information is possible, for example a CD-ROM or a USB stick.

10. Digital content: data produced and delivered in digital form.

Article 2 Our identity

Staalgoed Handel BV
Lelystraat 93-o, 3364 AH, Sliedrecht
Telephone number: +31 88 0287800
Access: 08:00 - 17:00
Email address: info@betonstaal.nl
Chamber of Commerce number: 59054409
VAT identification number: NL853298658B01
Bank account number (IBAN and BIC): NL73RABO0134187474 RABONL2U

Article 3 Applicability

1. These general terms and conditions apply to every offer from us and to every distance contract concluded between you and us.

2. These general terms and conditions are available to you before you conclude the distance contract. If this is not reasonably possible, it is indicated where and how you can view the general terms and conditions with us. If you wish, we will send you the general conditions free of charge as soon as possible.

3. If the distance contract is concluded electronically, we can make these general conditions available to you electronically, other than in the previous paragraph and even before the contract is concluded. We do this in a way that you can easily store these on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general conditions electronically. When you request this, we will send you these electronically free of charge as soon as possible

4. If, in addition to our general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 are also valid for this. When conflicting general terms and conditions apply, you can invoke the provision that is most favorable to you.

Article 4 Information

1. Before you conclude the purchase, you will receive information from us with which you can properly assess the offer, for example through a description and images of the product, the service and / or the digital content that correspond with reality. In addition, you will receive clear information about your rights and obligations, such as:

1. the total price to be paid, including for example a possible disposal contribution or delivery costs;

2. the way in which the agreement is concluded;

3. whether or not the right of withdrawal applies;

4. the method of payment, delivery or execution of the agreement;

5. the period that the price or the opportunity to accept the offer applies;

6. the rates you have to pay if you want to contact us if this is different from the basic rate;

7. the way in which you become aware of actions you do not want to take before concluding the agreement, as well as the way in which you can rectify them before the agreement is concluded;

8. the languages in which, in addition to Dutch, the contract can be concluded;

9. the codes of conduct that we must adhere to and the way in which you can view these codes of conduct electronically;

10. the way in which you can view the data that we have stored about you; and

11. the minimum duration of the distance contract, when it concerns a extended transaction.

2. At the latest upon delivery of the product, service or digital content, you will receive the following information from us. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (for example, a CD-ROM or a USB stick):

a. our visiting address, where you can file a complaint;

b. whether you have a right of withdrawal and, if you have a right of withdrawal, the way you can use it;

c. information about existing service after purchase and guarantees;

d. the information referred to in paragraph 1, unless you have received it before the performance of the agreement;

e. the conditions for canceling the agreement if it lasts longer than one year or is indefinite;

f. if you have a right of withdrawal, the model withdrawal form.

3. In the case of a extended transaction, paragraph 2 only applies to the first delivery.

Article 5 Confirmation and security

1. Once you have placed an order, you will receive an electronic confirmation from us. As long as this has not happened, you can still waive the purchase by dissolving the agreement (see article 9).

2. If you order via the internet, we secure the exchanged data and the online environment. If you pay electronically, we provide appropriate security measures.

3. We can investigate whether you can meet your payment obligation and whether you can enter into the distance contract, as long as we remain within the law. For example, we may check whether you are registered with the Credit Registration Office. If we have good reasons not to enter into the agreement, we may refuse your order or request with a motivation or attach special conditions to the execution.

Article 6 Right of withdrawal upon delivery of products

When purchasing products, you have a reflection period of at least 14 days.

1. The reflection period starts on the day after you have received the product or it has been received by a third party designated by you; or:

a. if you have ordered several products in one order: the day on which you, or another person designated by you - not the carrier - received the last product. If we have informed you clearly in advance of the ordering process, we may refuse an order for several products with different delivery times.

b. if the delivery of a product consists of several shipments or parts: the day on which you or another person you designated - not the carrier - has received the last shipment or the last part;

c. in the case of agreements for the regular delivery of products during a certain period: the day on which you or another person you designated - not the carrier - has received the first product.

2. You may terminate the contract during the reflection period (see article 9 on how to do this).

3. During the reflection period, you must handle the product and the packaging carefully. This means that you only unpack or use the product to the extent that it is necessary to assess whether you want to keep the product. If you use your right of withdrawal, send the product back to us with all accessories and if reasonably possible - in its original condition and packaging. We will inform you how you can do this. This information must be reasonable and clear according to the law.

4. If you make use of your right of withdrawal, you pay at most the costs of return.

5. We will refund all other costs that you have already paid, including delivery costs, as soon as possible, but no later than within 14 days, counted from the day after you have notified the cancellation. If we do not collect the product ourselves, we can wait with refund until we have received the product or you have proven that the product has been returned. We will pay you back at the time that comes first.

Article 7 Right of withdrawal upon delivery of services and digital content which is not supplied on a tangible medium

1. Upon delivery of services and digital content that is not delivered on a physical carrier, you have a reflection period of at least 14 days. The reflection period starts on the day after you conclude the agreement. During the reflection period you can cancel the contract without giving any reason.

2. We provide you with information about how you can exercise your right of withdrawal with the offer or at the latest at delivery of the service. This information must be reasonable and clear.

3. We will refund all costs that you have already paid as soon as possible, but no later than within 14 days, counted from the day after you have notified us of the cancellation.

Article 8 Exclusion of right of withdrawal

Sometimes you do not have a right of withdrawal. We must then state this clearly and before the contract is concluded. It's about:

1. Products or services whose price depends on fluctuations in the financial market on which we have no influence and which fluctuations may occur within the withdrawal period;

2. Agreements concluded during a public auction. By a public auction we mean a sales method whereby we offer products, services and / or digital content to you, while you are personally present or have the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, services and / or digital content;

3. Service contracts, after full execution of the service, but only if:

a. the execution has begun with your explicit prior consent and

b. you stated that you will lose your right of withdrawal as soon as we have fully executed the agreement;

4. Service agreements for the provision of accommodation, if the agreement contains a certain date or period of performance and is different from that for residential purposes, freight transport, car rental services and catering;

5. Package tours as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;

6. Agreements on leisure activities, if the agreement contains a specific date or period of performance;

7. Products manufactured according to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products which for reasons of health protection or hygiene are not suitable for return and of which the seal has been broken after delivery;

10. Products that by their nature are irrevocably mixed with other products after delivery;

11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which we have no influence;

12. Sealed audio, video recordings and computer software of which you have broken the seal;

13. Separate newspapers and magazines with the exception of subscriptions to this;

14. The supply of digital content other than on a tangible medium, but only if:

a. the execution has begun with your explicit prior consent; and

b. you stated that you are losing your right of withdrawal.

Article 9 Dissolution by withdrawal

1. You can terminate the agreement free of charge within the reflection period and also if you have not yet received the order (see Article 6 for products, Article 7 for services and / or digital content and Article 8 for possible exceptions).

2. To use the right of withdrawal, you must notify us of the cancellation. This can be done by means of the model form of withdrawal or in another unambiguous way.

3. If we make the notification of cancellation by you electronically possible, we will immediately send you an acknowledgment of receipt after receiving this notification.

4. We may ask you for the reason for the revocation, but you do not have to provide it.

5. You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorized representative of) us. This is not necessary if we have offered to collect the product ourselves. In any case, you have complied the return period if you return the product before the reflection period has expired.

6. You return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.

7. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you.

8. You pay the direct costs of returning the product. If we have not reported that you must bear these costs, or if we indicate that we will bear the costs ourselves, you do not have to pay the costs for returning the goods.

9. If you revoke after expressly requesting that the service starts during the reflection period, you owe us an amount that is proportional to that part of the service that we performed at the moment of cancellation, compared with the complete execution of the service.

10. You do not bear any costs for the execution of services if;

a. we have not provided you with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model withdrawal form, or;

b. you have not expressly requested the commencement of the execution of the service during the reflection period.

11. You bear no costs for the full or partial delivery of digital content not supplied on a tangible medium, if :

a. you have not explicitly agreed to the commencement of the agreement prior to the delivery before the end of the reflection period; 

b. you have not acknowledged the loss of your right of withdrawal when giving his consent; or 

c. we have failed to confirm this statement from you.

12. If you make use of your right of withdrawal, all supplementary agreements will be dissolved by operation of law.

13. We use the same payment method as you used for reimbursement, unless you agree with another method. The refund is free of charge for you.

14. If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to reimburse the additional costs for the more expensive method.

Article 10 The price

1. We may not increase the price of the offered service or product during the validity period stated in the offer, except as a result of changes in VAT rates. Obvious mistakes or errors in the offer do not bind the entrepreneur.

2. Contrary to the previous paragraph, we can offer products or services whose prices are subject to fluctuations in the financial market and where we do not have any influence at variable prices. In the offer we then state this commitment to fluctuations and the fact that any mentioned prices are target prices.

3. We may only increase the price within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or stipulations.

4. We may only increase the price from 3 months after the conclusion of the agreement if we have stipulated this prior to the conclusion of the agreement and:

a. the price increase is the result of statutory regulations or stipulations; or

b. you can cancel the agreement by the day on which the price increase takes effect.

5. All prices include VAT.

Article 11 Conformity and guarantee

1. We guarantee that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. We are also responsible for other than normal use, if you have agreed it with us.

2. We, a manufacturer or an importer can offer you a guarantee scheme. This arrangement does not affect the rights and claims you have in the event of a shortcoming in the fulfillment of our obligations under the law and / or the distance contract.

Article 12 Delivery and execution

1. We are as careful as possible when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is based on the address you provide us.

3. We expeditiously execute accepted orders within 30 days at the latest, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, you will receive notice of this no later than one month after placing the order. In that case you have the right to terminate the contract without penalty and the right to any compensation.

4. In the event of dissolution on the basis of the previous paragraph, we will repay the amount that you have paid immediately.

5. The risk of damage and / or loss of products lies with us until the time of delivery to you or a pre-designated and notified representative, unless explicitly agreed otherwise.

Supplements:

6.The customer ensures that the means of transport can reach the unloading area well and over and properly drivable and accessible terrain, and that sufficient space for delivery is available.

7. Insofar as delivery and assembly of reinforcing steel has been agreed between the customer and the supplier, the supplier has the right to have the work carried out by third parties at his expense and risk.

8. Furthermore, between the supplier and the customer it applies that the construction site is arranged in such a way that the supplier is also able to perform the agreed work. To this end, the customer will make the necessary and usual facilities available free of charge, such as, for example, lighting, electricity, water, telephone, sanitary facilities, facilities to have a meal during work, scaffolding, storage options and transport on site.

9. If and insofar as decisions to change the planning and execution of a construction project have consequences for the planning and / or execution of the performance to be performed by the supplier, the customer is obliged to provide the supplier with this in time, but always at least within  5 working days before the consequences occur, in writing. The resulting costs will be reimbursed by the customer to the supplier as additional work.

10. With due observance of the other provisions in these terms and conditions, the supplier is entitled to reimbursement of additional costs if the quantity actually delivered differs by more than 10% from what has been agreed in writing between the parties. Additional costs are reimbursed on a subsequent calculation basis, in any case including a settlement of the cost price plus a surcharge for general costs, profit and risk of 15%.

11. Reduction costs will be settled after the work in the final settlement is completed on an actual cost basis. If and to the extent that a balance of reduced costs arises in the final settlement, only the amount of reduced costs will be settled on a cost price basis.

12. Not included in the price of rebar assembly are: bending and straightening flying ends, bending starter bar continuity system and/or turning in couplings, attachments/connections to existing work and/or precast concrete, other welding work, cladding of and couplings to steel structures, installation of protective covers.

Article 13 Extended transactions: cancellation, extension and duration

Cancellation:

1. You can terminate an agreement for an indefinite period of time involving a extended transaction at any time, as long as you keep the agreed cancellation rules and with a notice period of no more than one month.

2. You can terminate a fixed-term contract involving a extended transaction at any time by the end of the stipulated term as long as you keep to the agreed cancellation rules and with a notice period of no more than one month.

3. You can canacel the agreements from paragraphs 1 and 2 of this article:

- at any time and not be limited to termination at a specific time or during a certain period;

- at least in the same way as you have entered into the agreement;

- always with the same notice period as we have indicated for ourselves.

Extension:

4. A fixed-term contract that concerns a extended transaction may not be renewed tacitly or renewed for a fixed term.

5. Notwithstanding the previous paragraph, a fixed-term contract and relating to extended transactions of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if you can cancel this extended agreement by the end of the extension period with a notice period of no more than one month.

6. A fixed-term contract that concerns a extended transaction may only be tacitly renewed for an indefinite period if you are entitled to cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months when it concerns an agreement for the delivery of daily, news and weekly newspapers, which are delivered less than once a month.

7. An agreement with a limited duration to the regular delivery, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

8. If an agreement lasts longer than a year, you may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 14 Payment

1. As long as nothing else has been agreed, you must pay the amounts due within 14 days from the day after the reflection period commences. In the event that different products from one order are delivered at different times, the payment term starts after delivery of the last product. In case of an agreement to provide a service, you must pay within 14 days after you have received our confirmation of the agreement. If you do not have a reflection period, you must pay within 14 days from the day after the conclusion of the contract.

2. In the case of a distance purchase, in general terms and conditions an advance payment of more than 50% may never be requested and, insofar as nothing else has been agreed, you will pay (the remainder of) the purchase price upon delivery of the order or after delivering a service.

3. You have the duty to immediately report any inaccuracies in provided or stated payment details to us.

4. If you do not pay (on time), we have the right to charge you the reasonable extrajudicial collection costs notified to you in advance. The amount of these costs is legally capped. We can deviate from this in your favor.

Article 15 Complaints procedure

1. We have a complaints procedure that is sufficiently known and handle your complaint as described in this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to us fully and clearly described within a reasonable time, after you have found the defects.

3. The submitted complaints will be answered within 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, we will reply within the 14-day period with a notice of receipt and an indication when you can expect a more detailed answer.

4. If there is no mutual solution to a complaint, you can submit your complaint to the Disputes Committee Qshops. You can also first appeal to mediation by the Qshops Keurmerk. You can use this right via the online complaints form on the website of Qshops Keurmerk. See: https://www.qshops.org/pages/klacht_melden The complaint is then sent to Qshops. Both we and you will receive a copy of this. Qshops mediates within three months in a solution between you and us. If mediation by Qshops fails or fails within the three-month period, you can still submit the complaint to the Disputes Committee Qshops in The Hague, see article 16.

4. If you have a complaint, you can always register it with the European ODR platform at http://ec.europa.eu/odr

Article 16 Disputes

Disputes between you and us about the formation or execution of agreements can be submitted by you as well as by us to the independent Disputes Committee Qshops, PO Box 90600, 2509 LP in The Hague (www.geschillencommissie.nl). The following rules apply here:

1. A dispute will only be dealt with by the Disputes Committee if you have first submitted your complaint to us.

2. A dispute can be submitted in writing or electronically to the Disputes Committee no later than 12 months after the complaint has been submitted to us, in a manner to be determined by the Disputes Committee.

3. If you want to submit a dispute to the Disputes Committee, we are bound by this choice. If we wish to submit a dispute to the Disputes Committee, you shall decide within five weeks of this request whether you wish to do so or whether you wish to have the dispute dealt with by a competent court. If you do not respond to us within five weeks, we may submit the dispute to the competent court.

4. The Disputes Committee makes its decision under the conditions as set out in its rules: (http://www.degeschillencommissie.nl/over-ons/de-commissies). The decision of the Disputes Committee is a binding advice.

5. The Disputes Committee deals with or suspends the dispute when our suspension of payment is granted, we are in a state of bankruptcy or we have actually ended our business activities, before a dispute has been dealt with by the committee at the hearing and a final judgement has been made. A fee is due for handling a dispute. In some disputes, in addition to the Disputes Committee Qshops, other recognized committees are also authorized, such as another disputes committee at the Consumer Disputes Committees Foundation (SGC) or the Financial Services Complaints Institute (Kifid). If the dispute primarily concerns the method of sale or service at a distance, the Disputes Committee Qshops is preferably competent. For all other disputes the other recognized disputes committees associated with SGC or Kifid are authorized.

Article 17 Compliance guarantee Qshops Keurmerk

1. Qshops Keurmerk guarantees that we comply with the binding advice of Disputes Committee Qshops, unless we submit the binding advice to the court for annulment within two months after sending it. The binding advice revives (in part) if the court (partly) rejects the claim for annulment. The binding advice must concern a dispute that arises from a transaction that has been concluded during the period that we are a member of the Qshops Keurmerk.

2. Qshops Keurmerk does not provide any performance guarantee if, before the handling of the dispute by you the intake requirements have been met (payment of complaint fee, receipt of completed and signed questionnaire and any deposit), one of the following situations occurs:

- suspension of payment has been granted to us, or;

- we have been declared bankrupt, or;

- our business activities have actually ended. The decisive factor for this situation is the date on which the business termination is registered in the Trade Register or an earlier date, of which Qshops Keurmerk can demonstrate that the business activities have actually ended;

- when we, as a natural person, are covered by a debt rescheduling scheme.

3. Application of this guarantee requires that you submit a written appeal to Qshops Keurmerk and that you transfer your claim on us to Qshops Keurmerk.

4. The guarantee by Qshops Keurmerk is a maximum of € 10,000 per binding advice.

5. For the amount above € 10,000, Qshops Keurmerk has a best effort obligation to ensure that we comply with the binding advice. This effort obligation means that:

- you are offered to transfer your claim for the amount in excess of € 10,000 to Qshops Keurmerk, after which Qshops Keurmerk will request for payment in court on its own title and costs; or

- you are offered that Qshops Keurmerk carries out the (extra) judicial collection procedure in your name and at the expense of Qshops. Qshops Keurmerk may choose one of these options.

Article 18 Intellectual property

As a consumer you explicitly acknowledge that all intellectual property rights of the displayed information, announcements or other expressions relating to the products and / or relating to the internet site are with us, our suppliers or other entitled parties.

Article 19 Personal data

We only process your data in accordance with our privacy policy. We also observe the applicable regulations.

Article 20 Applicable law and competent court

On all our offers, the agreements between you and us, and the implementation thereof, only Dutch law applies.

Article 21 Links

Third party advertisements or links to other sites may appear on our website. We have no influence on the privacy policy of these third parties or their sites and we are not responsible for this.

Article 22 Your data

You can always ask us by e-mail which data of you are being processed. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, you can let us know. Information will only be sent if you have provided your e-mail address.

Article 23 Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not adversely affect you. These provisions must be recorded in writing or made available in such a way that you can store them in an accessible manner on a durable medium.