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General Terms & Conditions
General Terms & Conditions for Individual Customers and Companies.
(Updated: February 2015)
- When you use this website, you automatically accept our terms & conditions.
- All information on this website is for indication only and is not binding us.
- Most product are on stock. Please contact us for current availablitiy.
- All pricing is Ex Works De Lier, The Netherlands, excluding packing & freight.
- All prices are subject to change without notice, although not yet changed on this website.
- Shipping cost are for indication only.
- For higher Qty's please enquire with us.
- All our pending invoices are monitored by our Partner for International Receivables Management Services.
When submitting an order to PIMZOS VOF, you are about to enter into a contract between yourself and PIMZOS VOF. After you have submitted your order online, PIMZOS will confirm the receipt of your order immediately by email. However, any order confirmation by PIMZOS does not constitute a legally binding contract: the contractual agreement becomes legally binding at the time you have received the items you have ordered from PIMZOS, and at the time the services you ordered have been provided by PIMZOS.
2.1: The present Terms & Condition shall apply to all claims asserted by either you or PIMZOS VOF as a result from a contract between the two parties. Claims arising in conjunction with services provided by PIMZOS that do not include the delivery of goods are governed by the specific Terms & Conditions of each individual service.
2.2: In cases in which the Terms & Conditions of individual services provided by PIMZOS should conflict with each other, the following order of precedence shall apply:
i. Terms & Conditions for Individual Services, superseding
ii. the present General Terms & Conditions, superseding
iii. Statutory Rule
3. Contracting Parties
All contractual agreements entered into in accordance with the present Terms & Conditions will be between
3.1: PIMZOS VOF, registered at Leehove 69, NL-2678MB De Lier, The Netherlands, VAT Reg No NL819884029B01,
3.2: individual customers / Company representatives who must be 18 years of age, legally competent, and either residents of The Netherlands or residents of another country in European Union, including Switzerland. If PIMZOS VOF should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, PIMZOS reserves the right to terminate the after giving the appropriate period of notice.
4. Object of The Contract
PIMZOS VOF shall deliver the item(s) ordered by you and provide the service(s) requested by you and agreed to between the both parties, respectively. All objects of the contract are subject to Dutch Law. If you exercise your right to cancel an order by returning an item within the contractually agreed period, PIMZOS shall store-credit any payments received or, if you should request it, shall alternatively reimburse you via Bank. For purchases or services financed by loans, see Article 5.5 of the present Terms & Conditions.
5. Your Right To Cancel
5.1: You can cancel your order without giving a reason within a time period of fourteen (14) days by email, letter or fax, or, and in the case your order has already been delivered to you before the end of the notice period, by returning the items to us. The notice period commences at the time you receive the notification about your cancellation rights, or on the date your order has been delivered, whichever occurs first. However, this does not affect your statutory rights. To cancel your order please contact
NL-2678MB De Lier
5.2: Providing the items are returned complete (including all accessories, if applicable) and in mint condition, you will receive a refund within 30 days. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. However, this does not affect your right to examine and test the delivered items upon receipt, i.e. as you would in a store. If the accumulated size or weight of the received items prevents returning these items via standard mail, courier or parcel carrier, please notify us in writing within a period of fourteen days after receipt of the goods. If you return an item to us, you agree to pay the cost of return delivery.
5.3: The right to cancel does not apply to:
a. Custom-made items – items which are tailored to your own specifications;
b. Items that by reason of their nature cannot be returned;
c. Perishable items - items past their expiry or sell-by date;
d. Sealed items which have been unsealed, such as audio or video recordings or PC software;
e. Newspapers, periodicals or magazines, unless the subscription has been purchased by phone.
f. Software licenses with customer issued licence
5.4: If you are returning items with integrated data storage systems (such as PCs, laptops, memory sticks, mobile phones etc, please remember that you are solely responsible for any information you stored on these devices. Make sure you transfer all relevant information/make back-up copies and delete all personal information (in particular, personal information of any third party) prior to returning the item to PIMZOS. If deleting personal information stored on items to be returned to PIMZOS is prevented by the item in question being faulty, please state this clearly on the return slip.
5.5: If you cancel an order financed by a consumer finance loan, you will also be released from the loan contract if both purchase and financing are governed by a single contractual agreement. In general, this applies when PIMZOS VOF has been the lender, or when the loan has been mediated by PIMZOS VOF. If your order is financed by a loan from a third party lender and PIMZOS VOF should already have received the loan amount from your lender at the time you decide to cancel your order, the third party lender shall constitute an additional contractual party. If you would like to avoid any long-term financial contractual obligation, please exercise your right to cancel and also cancel any related loan agreement, if applicable.
6. Costs of Return Delivery Agreement
In the case you are exercising your right to cancel an order and return the purchased item, you agree to pay the cost of return delivery of the items delivered fully conform with the items ordered and the item value does not exceed the amount of €50.-, or if an agreed part payment for an item sold at a price exceeding €50.- has not been made. Otherwise, the cost of return delivery will be borne by PIMZOS VOF.
7. Limited Availability of Items or Services
In the case of items or services not being available at PIMZOS any longer at the time your order has been received, PIMZOS shall immediately reimburse any payment you made. PIMZOS reserves the right to offer you items and services matching the quality and price of the originally order. However, you are under no obligation to accept these items and services, respectively. Under these circumstances, the cost of returning the items will be borne by PIMZOS VOF.
8. Shipping / Conditions of shipping
8.1:. If you order online, the total amount due displayed on the checkout page will include the shipping rate per destination / Country.
8.2: Deliveries of items marked as bulky goods will incur an additional charge. However, the amount will be clearly stated on the relevant product page.
8.3: If you requested your items to be delivered overnight/by express carrier and do not receive your order within the agreed time period, you are entitled to cancel the order by returning the items to PIMZOS VOF. However, PIMZOS VOF shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding a replacement item) suffered or incurred by you as a result of you item(s) not being delivered in time.
8.4: PIMZOS VOF shall ensure a smooth and timely delivery of the items ordered. If items that form a part of a delivery are not available for
immediate dispatch, PIMZOS Electronic will split the order into separate deliveries, with the items shipped at the earliest moment possible,
and with no postage costs incurred.
9. Pricing & Payment Conditions
19.1: Prices quoted in our B2B website, catalogues and on our leaflets released to individual customers represent the total amount due at the time of the purchase , excluding VAT charge at the rate valid on the day the catalogues/leaflets are published. If VAT should increase after the release of our catalogues/leaflets, PIMZOS is under legal obligation to implement the VAT increase.
9.2: Item prices quoted in PIMZOS catalogues and on PIMZOS leaflets released to retailers and business customers represent the net amount excluding VAT.
9.3: When purchasing items online from any of the PIMZOS VOF websites, the prices displayed on the "Review & Order" page apply (which may differ from the prices stated in our catalogue).
9.4: PIMZOS VOF may limit the payment options available to individual customers entirely at its discretion. This includes asking for advance payments, cash on delivery or instant payments at the time the order is processed.
10. Retention of Title
10.1: Title to any items or services shall remain vested in PIMZOS VOF and shall not pass to the customer until the purchase price for these items or services has been paid in full and received by PIMZOS VOF.
10.2: Any replacement items provided by PIMZOS VOF shall remain vested in PIMZOS VOF until the item has been received by the customer. Upon receipt, the item shall become the property of the customer.
10.3: Any items returned by the customer shall remain vested in the customer until the item has been received by PIMZOS VOF. Upon receipt of the returned item, the item shall become the property of PIMZOS VOF.
11. Guarantees & Warranty
11.1: PIMZOS VOF shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.
11.2: In the case an item should prove damaged or faulty (including damage incurred during the delivery process) upon receipt, the customer shall notify PIMZOS VOF at the earliest moment possible after the item has been delivered. However, failing to do so does not affect the customer's statutory rights.
11.3: PIMZOS VOF provides a 2-year guarantee on all new items, and a 1-year guarantee on items labelled as generally refurbished or as extensively overhauled. The guarantee period commences at the delivery date.
11.4: In the case of the delivered item being faulty or damaged, PIMZOS VOF shall either repair the item or provide the customer with a replacement item, depending on the customer's preference. However, PIMZOS VOF reserves the right to reject one of the previous options, if either replacement or repair would incur excessive costs. Furthermore, if PIMZOS VOF is unable to repair a faulty item after a second attempt, the customer shall be entitled to either demand a replacement item, ask for a reduction of the purchase price, or cancel the order. However, this shall not affect the customer's statutory rights.
11.5: All claims for damages as a result of faulty items are subject to statutory right.
11.6: PIMZOS VOF shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the customer. For claims with regard to item damage or failure that occurred more than 6 months after the delivery date, the customer must provide evidence that damage or item failure were neither caused by inappropriate handling nor by overuse.
11.7: Items purchased together with a 48-months warranty are subject to the normal EU rights, including extended consumer protection. Furthermore, in this case, the rule of reversed burden of proof does not apply.
12.1: PIMZOS VOF is not liable to you (or any other parties) for:
a. any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care.
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time PIMZOS VOF and you entered into the contract, either
(i) such loss or damage was contemplated by PIMZOS VOF and you, or (ii) you notified PIMZOS VOF that the loss or damage may occur if PIMZOS VOF breached the Contract or PIMZOS VOF's legal duty of care;
12.2: With respect to each contractual agreement, our entire liability to you if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by you (as applicable) under that Contract;
12.3: PIMZOS VOF shall not be liable to you (or any other parties) for any damage or loss of income, business or profits as a result of the loss, corruption of, or damage to, data, unless you are able to provide evidence that you have backed up your data at least once every day. In this case, PIMZOS VOF's liability is limited to the obligation of reconfiguring your system by using your back-up copy.
12.4: Nothing in these Terms & Conditions shall affect PIMZOS VOF's liabilities under the Consumer Protection Act.
12.5: Nothing in these Terms & Conditions shall exclude or limit PIMZOS VOF's liability for (i) fraud; (ii) death or personal injury caused by negligence; or (iii) liability which may not be excluded or limited under any applicable law.
13. Applicable Law & Jurisdiction
13.1 All contractual agreements between PIMZOS VOF and its customers shall be governed by and construed in accordance with the laws of the The Netherlands. Both PIMZOS VOF and its customers irrevocably submit to the exclusive jurisdiction of the Court of The Haque (The Netherlands) for the determination of disputes arising under any contractual agreement.
13.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.3 Section 13.1 does not affect the statutory rights of customers who are permanent residents of countries other than The Netherlands, if the agreement between PIMZOS VOF and customer governs the purchase of items or services for personal use only. Furthermore, Section 13.1 does not affect the statutory rights of customers with permanent residence in a country other than The Netherlands, if the agreement between PIMZOS VOF and customers governs the purchase of items intended for retail or reselling, and the customer has successfully obtained full legal permission from the authorities of his/her country of residence prior to the agreement.
13.4 If any provision of these Terms & Conditions is held unenforceable, then such provision will be modified to reflect the intention of both parties. All remaining provisions of the present Terms & Conditions shall remain in full force and effect.
14. Intellectual Property Rights
Unless stated otherwise, all content of this webpage and all content released or published by PIMZOS VOF online or in catalogues, leaflets, flyers or any other form of printed matter is copyright of ©PIMZOS VOF. Any redistribution or reproduction of part or all of the contents is prohibited other than printing or download to a local hard disk extracts for your personal and non-commercial use, e.g. during browsing our webpage or when purchasing an item. You may not, except with our express written permission, distribute or commercially exploit material copyrighted by PIMZOS VOF. No trademarks of PIMZOS VOF may be used without the prior written consent of PIMZOS VOF.
At PIMZOS, we respect your privacy and your concerns about how the information you provide might be used. The personal information we receive from our customers is kept private, we do not sell or share this information with anyone outside of PIMZOS. You can generally browse our web site without providing any personal information. In order to take advantage of some of the more advanced features available on our site, such as the message board and online ordering, or to request information, personal information is required. We want to make sure that you understand what that information is used for and how it will be protected.We make every effort to ensure that any data collected is accurate, timely and secure. PIMZOS does not rent, sell or otherwise distribute the customer information entered on PIMZOS website. Generally, the information PIMZOS collects helps us to provide you with the latest product information, promotional information and other information that we feel you may find useful. If you have provided personal information, but do not wish to receive further information from PIMZOS, you can simply respond to our e-mail and tell us that you do not want to receive future communications.
PIMZOS utilizes all of the latest security methods and fraud detection techniques to protect any and all information you entrust to us. If you are not using a relay or proxy, all PIMZOS online ordering transactions are fully encrypted and secure. If you use a relay or proxy, check your browser's lock indicator (usually a picture of a lock or a key) to see if it is secure. Credit card information transmitted online is encrypted while in transit, so that even if the information is intercepted, because it is encrypted, it is useless to a would-be thief.
© 2015 PIMZOS VOF.