General terms and conditions
10 punt 9
Essenstraat 6
6444CM Brunssum
The Netherlands
Kvk: 55251064
BTW-nr: NL001793478B56
Tel: +31 (0) 45 2050751
Email: info@10punt9.nl
Version valid from 30 March 2020
The general terms and conditions are only available in the Dutch language. The (automatic) translation below is for informational purposes only:
1. General
1.1 These general terms and conditions apply to all offers of 10 point 9. The conditions are accessible to everyone and included on the website of 10 point 9. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. 10 point 9 reserves the right to change its delivery and / or payment conditions after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by 10 point 9.
1.4 10 point 9 guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling, 10 point 9 will execute orders at least within 30 days. If this is not possible (because the order is not in stock or is no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of 10 point 9 will be met, subject to proof to the contrary, as soon as the goods delivered by 10 point 9 have been offered to the customer once. In case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include VAT.
4. Review period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to 10 point 9 after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to report this in writing to 10 point 9 within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolve within the meaning of this paragraph lapses. With due observance of the provisions in the previous sentence, 10 point 9 ensures that the full purchase amount, including the calculated shipping costs, will be refunded to the customer within 30 days after proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
- services the performance of which, with the consent of the consumer, has commenced for a period of seven working days
- goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
- goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
- for goods or services that cannot be returned due to their nature, for example in connection with hygiene or that can spoil or age quickly
- audio and video recordings and computer software of which the consumer has broken the seal
- the delivery of newspapers and magazines;
5. Data management
5.1 If you place an order at 10 point 9, your data will be included in the customer file of 10 point 9. 10 point 9 adheres to the Data Protection Act and will not provide your data to third parties.
5.2 10 point 9 respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 10 point 9 in some cases uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6.Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur under the law and / or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, then the customer (before returning it to 10 point 9) must report these defects immediately in writing to 10 point 9. Any defects or incorrectly delivered goods must and can be to be reported in writing to 10 point 9 for a maximum of 2 months after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage caused by the detection of a defect, encumbrance and / or resale after the detection of a defect, will invalidate this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by 10 point 9, 10 point 9 will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of 10 point 9 and provided that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the option of 10 point 9) to the maximum in the relevant case covered by the liability insurance of 10 point 9. Any liability of 10 point 9 for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
6.5 10 point 9 is not liable for damage caused intentionally or equivalent recklessness.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards 10 point 9; B) the customer has repaired and / or processed the delivered goods himself or has them repaired or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly handled or have been treated in contravention of the instructions of 10 point 9 and / or instructions on the packaging; D) the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, 10 point 9 reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments bind 10 point 9 only after they have been explicitly confirmed in writing.
7.4 Offers of 10 point 9 do not automatically apply to repeat orders.
7.5 10 point 9 cannot be kept to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only effective if agreed in writing.
8. Agreement
8.1 An agreement between 10 point 9 and a customer is concluded after an order / order has been assessed for feasibility by 10 point 9.
8.2 10 point 9 reserves the right, without giving reasons, not to accept orders or orders or to accept them only on condition that the shipment is made by cash on delivery or after payment in advance.
9. Picture specifications
9.1 All images; photos, drawings, etc .; information about weights, dimensions, colors, images of labels, etc. on the website of 10 point 9 are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Power
10.1 10 point 9 is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in the internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of 10 point 9 as well as auxiliary persons, illness of personnel, defects in aids or transport equipment are expressly considered as force majeure.
10.3 10 point 9 reserves in case of force majeure the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. In no case is 10 point 9 obliged to pay any fine or compensation.
10.4 If 10 point 9 has already partially fulfilled its obligations upon commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 10 point 9 is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and / or consult our website before use.
12. Retention of title
12.1 Ownership of all goods sold and delivered by 10 point 9 to the customer remains at 10 point 9 as long as the customer has not paid the claims of 10 point 9 under the agreement or earlier or later similar agreements, as long as the customer has performed or work still to be performed under these or similar agreements has not yet been paid and as long as the customer has not yet paid the claims of 10 point 9 due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, a and others as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by 10 point 9 which are subject to retention of title may only be resold in the context of normal business activities and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to 10 point 9 or a third party to be appointed by 10 point 9 to enter, in all cases where 10 point 9 wishes to exercise its property rights, all those places where its properties will be located and take those things there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform 10 point 9 as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on request at 10 point 9.
13. Applicable law / authorized judge
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between 10 point 9 and the buyer, which cannot be resolved by mutual agreement, will be settled by the competent court within the district of Brunssum, unless 10 point 9 prefers the difference to the competent court of to submit the domicile of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.