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Home
| Terms &
Conditions | Contact |
KvK 565678.. |
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These terms and conditions shall be applicable
to the formation and the contents of and the compliance with all
contracts entered into between
the Consumer / Buyer
and Harzen.
The Consumer will agree with this
terms and conditions when
the Consumer is ordering
from Harzen: |
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1. |
Additional agreement: an agreement in which the
Consumer acquires products, digital content and/or services with
respect to a distance agreement and these goods, digital content
and/or services are delivered by Harzen or a third party on the
basis of an arrangement between this third party and
Harzen; Reflection period: the period during which the Consumer
may use his right of withdrawal; Consumer: the natural person who
does not act for purposes related to his/her commercial, trade,
craft or professional activities; Day: calendar day; Digital
content: data produced and delivered in digital form; Continuing
performance contract: a contract serving to deliver goods, services
and/or digital content in a given period; Sustainable data
carrier: any means, including email, that allow the Consumer or
Harzen to store information directed to him/her personally in
such a manner that makes future consultation and use possible during
a period that matches the purpose for which the information is
destined and which makes unaltered reproduction of the stored
information possible. Right of withdrawal: the Consumer's option
not to proceed with the distance agreement within the cooling-off
period; Harzen: the natural of legal person who provides
products, (access to) digital content and or services to Consumers
at a distance; Distance contract: a contract concluded by Harzen
and the Consumer within the scope of an organized system for
distance selling products, digital content and/or services, whereby
exclusive or additional use is made of one or more technologies of
distance communication up to the conclusion of the
contract; Standard form for withdrawal: the European standard
form for withdrawal included in Appendix 1; Technology for
distance communication: a means to be used for concluding an
agreement without the Consumer and Harzen being together in the same
place at the same time. |
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2. |
Harzen shall not guarantee characteristics,
such as storage life, adherence, gloss, colour, light or colour
fastness or wear-resistance. |
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3. |
Harzens liability on account of the contract with
the Consumer shall be limited to the amount of the
invoice. |
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4. |
Harzen shall, furthermore, not be liable for
damage in the form of loss of turnover or loss of goodwill in the
business or profession of the Consumer. |
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5. |
All sales are final, products are
non-returnable. |
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6. |
The Consumer can repudiate a purchase contract for
a product without giving reasons for a period of reflection of at
least 14 days. The reflection period referred to in sub-clause
starts on the day the product is received by the Consumer or by a
third party appointed by him in advance and who is not the carrier,
or if the Consumer ordered several products in the same order: the
day on which the Consumer or a third party appointed by him received
the last product. If Harzen has not provided the Consumer with the
legally required information about the right of withdrawal or has
not provided the standard form for withdrawal, the reflection period
expires twelve months after the end of the original reflection
period in accordance with the reflection period determined in the
previous sub-clauses of this Article. If Harzen provided the
Consumer with the information referred to in the previous article
within twelve months after the starting day of the original period
of reflection, the period of reflection expires 14 day after the day
on which the Consumer received the information. If the Consumer
exercises his right of withdrawal he shall notify Harzen
unambiguously with the standard form for withdrawal within the
period of reflection.
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7. |
The Consumer shall return the product or deliver it
to Harzen as soon as possible but within 14 days counting from the
day following the notification referred to above sub-clause. The
Consumer observed the period of returning the product in any event
if the product is returned before the expiration of the period of
reflection. The Consumer shall return the product in the original
state and packing. The risk and the burden of proof for the correct
and timely exercise of the right of withdrawal fall on the Consumer.
The Consumer shall bear the direct costs of returning the
product. |
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8. |
The Consumer does not bear any cost for the full or
partial delivery of digital content not stored on a physical carrier
if prior to the delivery, he has not explicitly consented to start
performance of the agreement before the end of the period of
reflection; he did not acknowledge to lose his right of withdrawal
when giving consent; or Harzen failed to confirm the Consumer's
statement. If the Consumer exercises his right of withdrawal, all
additional agreements end by operation of law. |
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9. |
It is possible for the Consumer to
purchase from the supllier without paying VAT, provided
the Consumer meets certain conditions: the company is in
the EU and has a valid VAT number. If the company is ordering
from outside the EU, the principal will not be charged VAT.
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10. |
Please note that we reserve the right to recharge
VAT to the Consumer if the VAT number you have provided us
with is incorrect or not registered. |
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11. |
Harzen will not be liable for any loss or
damages suffered by you through delay in delivery following despatch
of the goods. |
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12. |
Harzens total liability in contract, tort
(including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise arising in connection
with the performance, or contemplated performance of the
services shall be limited to the price payable for the
goods under the contract in any year. |
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13. |
Harzen shall not be liable to you by reason of
any delay in performing, or any failure to perform, any of its
obligations in relation to the goods. |
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14. |
Liability
Disclaimers & Limitations: Disclaimer of warranties. The
contents of this site, including, without limitation, the materials,
are provided "as is," and Harzen makes
no representations or warranties, express or implied, of any kind
with respect to the site or its contents. Harzen disclaims all
representations and warranties, including, without limitation,
warranties of merchantability, fitness for a particular purpose,
title, completeness and
non-infringement. Disclaimer of accuracy. Harzen
does not represent or warrant that the information accessible via
this site is accurate, complete or current. Harzen reserves the
right to add to, change or delete its content or any part thereof
without notice. Any price or availability information is subject to
change without notice. Additionally, this site may contain
information provided by third parties, which includes, without
limitation, the documents and software. Harzen makes no
representation or warranty regarding the accuracy, completeness,
truth, quality, suitability or reliability of such information.
Harzen is not responsible for any errors, omissions, or inaccuracies
contained in any information provided by such third parties.
Limitation on liability. Neither Harzen nor any
of its members, directors, employees or other representatives will
be liable for damages arising out of or in connection with the use
of this site or any information, products or services contained
herein, which includes, without limitation, the materials, even if
advised of the possibility thereof. this limitation of liability
applies to all damages of any kind, including, without limitation,
indirect, incidental, special and consequential damages, loss of
data, income, profit or goodwill, loss of or damage to property and
claims of third parties. Limitation on liability
of copyright holders. ip holders will not be liable for any direct,
indirect, special or consequential damages, loss of data, income,
profit or goodwill or damage to property arising out of any use of
the materials or performance or implementation of the contents
thereof. |
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15. |
Complete Agreement;
changes to the terms and conditions. These terms and conditions
represent the entire understanding relating to the use of the site
and the related product and prevail over any prior or
contemporaneous, conflicting or additional, communications.
Harzen shall have the right to revise and modify the terms and
conditions at any time by posting the revised terms and conditions
on the site. Any use of the site after such posting shall be deemed
to constitute acceptance of the revised terms and conditions by the
user. |
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16. |
Indemnification. You
agree to defend, indemnify, and hold harmless Harzen, its officers,
directors, employees, members, agents and affiliates from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your breach of the terms and conditions, including without
limitation, the (supplemental) terms. |
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17. |
Harzen shall not be liable for any deviations,
errors and faults of the delivered goods. |
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18. |
The contract between Harzen
and the Consumer shall be governed by Dutch law.
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19. |
Name of
business: Harzen
Business address: Boeier 7, 9408 CE Assen, Netherlands
Email address:
info@britishstandardcolour.com
Camber of Commerce the
Netherlands: KvK 565678...
European Union VAT
identification number: NL193992... |
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20. |
Appendix I: Standard form for
withdrawal
Complete this form and return it only when you want to
revoke the agreement. To:
Harzen, Boeier 7, 9408 CE, Assen, The Netherlands
Email address:
info@britishstandardcolour.com
I/We hereby inform
you that I/we wish to revoke our agreement on the sale of the
following products:
_____________________________________
Ordered on: __ / __ /
_____
Name: _______________________________
Address:
_____________________________
Signature:
_____________________________________ |
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