Terms of Service
1. Scope
The following terms and conditions apply to all orders placed by consumers and businesses through our online store.
A consumer is a natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent. An entrepreneur is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.
With regard to entrepreneurs, these conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur applies conflicting or additional general terms and conditions, the validity thereof will be rejected; they only become part of the contract if we have explicitly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with KLIVATEC B.V
When the products are placed in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your input at any time before placing your binding order using the correction tools provided and explained during the ordering process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after placing the order you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The languages available for the conclusion of the contract are Dutch and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail.
4. Terms of delivery
In addition to the stated product prices, shipping costs are added. In the offers you will find more about the amount of the shipping costs.
We only deliver by post. Unfortunately, it is not possible to collect the product yourself.
5. Payment
The following payment methods are generally available in our store:
Payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate email and deliver the goods upon receipt of payment.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must register there or register first, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the store, we ask PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately afterwards. You will receive more information during the ordering process.
PayPal: There is an additional charge of 0 percent of the purchase price.
PayPal Express: There is plus 0 percent of the purchase price as a cost.
iDEAL
iDEAL is an online payment method, which you can use to pay through your own bank. After switching to payment, the system will automatically redirect you to the option to choose your bank. The next step is to log in to the bank using the application or website.
There are plus 0 percent of the purchase price as a cost.
6. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve the ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the normal course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - to us in advance for the amount of the invoice amount and we accept this assignment. You remain authorized to collect the claims, but we can also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and contact us immediately. Failure to complain or contact us will not affect your legal claims and enforcement, especially your warranty rights. However, they help us assert our own claims against the carrier or the transport insurance.
8. Security and guarantees
Unless explicitly agreed otherwise below, the legal right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
With regard to entrepreneurs, only our own data and the product descriptions of the manufacturer included in the contract apply as an agreement about the quality of the goods; We assume no liability for any public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially give a warranty to entrepreneurs, at their own discretion, by remedying the defect (repair) or by supplying a defect-free item (replacement delivery).
The above limitations and shortened deadlines do not apply to claims based on damages caused by us, our legal representatives or alternate agents
in case of injury to life, body or health
in the case of willful or grossly negligent breach of duty and malice
in case of breach of essential contractual obligations, the fulfillment of which in the first place enables the proper performance of the contract and the fulfillment on which the contractual partner can regularly rely (cardinal obligations)
as part of a warranty promise, if agreed
insofar as the scope of the product liability law is opened.
Information on any additional warranties that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
9. Liability
We are always fully liable for claims arising from damage caused by us, our legal representatives or alternate agents