General terms and conditions

Test it @ home is a trademark of ELDC BV

ELDC BV is registered with the Chamber of Commerce, Limburg,
number: 54415721. VAT number NL 85.12.96.403.B01.

Applicability

These terms and conditions apply to all offers and agreements made by the company “Test it @ home”, located in Kerkrade at the Eurode-Park 1-75, hereinafter referred to as “Seller”, except for incidental changes which are explicitly confirmed by Seller in writing. “Buyer” means any visitor to the website or any natural or legal person who is or will be in a contractual relationship of any kind with Seller. In the case of the provision of services, “Seller” is also understood to mean “contractor” and “Buyer” is also understood to mean “client”.
In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products if expressly indicated. Should there be any differences between the Additional Terms and Conditions and these General Terms and Conditions, then, in principle, the provisions of the Additional Terms and Conditions shall prevail over the General Terms and Conditions, unless otherwise stipulated.
Once the Buyer has entered into a contract with the Seller in accordance with these General Terms and Conditions, it shall be deemed that the Buyer has tacitly agreed to the applicability of these General Terms and Conditions thereafter, whether orally, in writing, by any electronic means.
The Buyer shall not act as the Seller’s agent or distributor, unless it has been appointed as such by written agreement.
The Seller’s website is aimed at the European market.
By using the Seller’s website and/or placing an order, the Buyer accepts these General Terms and Conditions and all other rights and obligations as stated on the website.
Seller is authorized to make use of third parties in the execution of an agreement with Buyer.
Deviation from these terms and conditions is only possible if such has been explicitly agreed upon in writing.

Offers

Offers are without obligation, unless otherwise stated in the offer.
The Seller’s price lists and price indications are not quotations.
If the Buyer accepts an offer without obligation, the Seller reserves the right to withdraw or deviate from the offer within 2 working days of receiving this acceptance. The Seller shall inform the Buyer of this in writing, stating the reasons.
Verbal undertakings shall only be binding on the Seller after they have been explicitly confirmed in writing.
The Seller explicitly rejects the Buyer’s purchasing or other conditions, unless the Seller has explicitly accepted them in writing.

Formation of the Agreement

Offers or quotations should be regarded as an invitation to the potential Buyers to make an offer. The Seller is in no way bound by these, unless this has been unambiguously laid down in writing. The acceptance of the invitation to make an offer by the potential Buyer is deemed to be an offer and shall only lead to the conclusion of an agreement if the other provisions of this Article have been complied with agreement if the other provisions of this article have been met.
Offers are valid as long as stocks last or the end date of the offer has been reached.
Agreements shall only be concluded after an order or repair order has been assessed by Seller as to its feasibility. The Seller is entitled, without giving reasons, not to accept orders or assignments or to accept them only on the condition that they are paid in advance, in which case the Buyer will be informed accordingly.
A tender by name shall be valid for a period of two (2) weeks, unless a different period is stated in the tender.
An agreement shall be concluded at the time that an order confirmation is handed over to the Buyer or, if the offer was made via the Internet site, sent by e-mail to the e-mail address provided by the Buyer.
Buyer and Seller expressly agree that by using electronic forms of communication a valid agreement is reached. In particular, the absence of an ordinary signature will not detract from the binding force of the offer and its acceptance. The electronic files of the Seller will, to the extent permitted by law, serve as a presumption of evidence.
Information, illustrations, communications by word of mouth, by telephone or by e-mail, and statements etc. concerning all offers and the most important characteristics of the products are given or made as accurately as possible. However, the Seller does not guarantee that all offers and products are in complete accordance with the information etc. provided. Deviations can in principle not be a reason for compensation and/or dissolution.

Illustrations

All images, drawings and other data included in price lists and brochures are only approximate and cannot be a reason for compensation and/or dissolution.
All designs, illustrations etc. as referred to in paragraph 1, produced by or on the instructions of the Seller, shall remain the property of the Seller and may not be copied or reproduced in any other way, nor shown to third parties or used in any other way, without express written permission. The Buyer is obliged to return these data to the Seller on demand, on penalty of a fine of € 500 per day for the Seller.

Prices

All prices shall be quoted in euros in accordance with the relevant statutory provisions and shall be exclusive of turnover tax and other government-imposed levies (e.g. disposal fee), unless stated differently.
The Seller’s goods shall be delivered at the prices applicable on the date of conclusion of the agreement. The Seller’s services shall be rendered at the price customarily charged by the Seller after rendering the services.
Special offers shall only be valid for the period of validity stated with that offer. This statement is printed in a brochure or is stated on the Internet site relating to that special offer. These periods always correspond with each other.
The Buyer owes the price that the Seller has stated in its confirmation.
Delivery costs are not included in the price. For orders below a certain net value, an amount for shipping and handling costs may be charged. Special rates apply to deliveries outside the Netherlands.
The Seller may be obliged to levy certain statutory charges on some of its products, for example a disposal fee. Such contributions are not included in the price and shall be will be explicitly mentioned on the website or on the order confirmation by e-mail.

Shipment/Delivery

Unless otherwise agreed in writing, shipment shall be made according to Seller’s standard method. In the event that the Buyer chooses to ship via this method, the goods shall travel at the risk of the Buyer. Seller shall bear the risk of the goods at the time they are handed over for shipment.
The Seller reserves the right to deliver and invoice ordered goods in partial shipments.
If, at the request of the Buyer, delivery is postponed or accelerated, the Buyer shall be obliged to pay the related costs.
The Buyer is obliged to accept the goods upon delivery. Failing this, the goods will be stored at the expense and risk of the Buyer.
If the Buyer, in spite of being summoned to do so, has not collected the goods within three weeks from the storage location to be specified by the Seller, the Seller shall be entitled at its discretion to sell the goods privately or publicly and to hold the original Buyer liable for any loss. The original Buyer shall at all times be obliged to reimburse the costs of the aforementioned storage as well as the (additional) shipping and administrative costs incurred by the Seller.

Delivery terms

The delivery period shall commence as soon as agreement has been reached on all technical details and all data necessary for the execution of the contract are in the possession of the seller.
Stated delivery times shall be deemed to be approximate only.
The agreed delivery dates shall not mean that the Seller is legally in default after their expiry, but a further written notice of default shall always be required, granting the Seller a period of at least 14 days to fulfil its obligations.
Exceeding a delivery date shall never entitle the Buyer to any compensation, to dissolve the agreement or to take any other action against the Seller. This is only different. This is only different in the event of intent or gross negligence on the part of the Seller or if the delivery date is exceeded by more than three months. In such a case, the Buyer shall be entitled to dissolve the contract without being able to claim any compensation.

Payments

Payment shall, unless otherwise agreed in writing, be made in advance of the actual delivery of the goods or after the agreed services have been carried out. In the event that the Seller sends an invoice, payment for delivered goods and/or services shall be made to the Seller’s (postal) bank account as stated on the invoice and within fourteen days of the invoice date, unless otherwise agreed in writing.
For orders via the Internet site, payment preferably is made in advance: The Seller may expand the payment options in the future. Other payment methods shall be made known via the Internet site or via written notification from the Vendor.
A cash on delivery payment shall be made in cash or by a method of payment to be determined by the carrier, however only after written consent by the Seller. Main stream is payment through the options given during the order process on the website. Orders above EUR 2,000 will not be delivered C.O.D.
Other payment methods can only be used if the conditions of such methods, including a check on the creditworthiness and authentication of the potential Buyer, as well as authorization, have been met. Payment deadlines can only be agreed upon in writing under conditions to be laid down and agreed upon at the time.
If the Buyer has not paid the invoice in cash by the due date, interest of 2% on the outstanding amount per month shall be payable to the Seller without prior notice of default, whereby a month commenced shall be regarded as a whole month.
If the Buyer has not paid the amount due within the stipulated period and the Seller has proceeded to collect the claim by legal or other means, the Buyer shall be obliged to pay the Seller compensation for the loss incurred.
If the Buyer has not paid the amount owed within the stipulated period and the Seller has proceeded to collect the claim by legal or other means, the Buyer shall be obliged to pay the Seller compensation for the costs involved in accordance with the collection rate of the Netherlands Bar Association, but at least € 120 per invoice.
Late payment entitles the Seller to suspend or dissolve its performance pursuant to the present and/or other agreements with the Buyer, without the Buyer being entitled to compensation or dissolution of the agreement.
Seller shall be entitled to suspend or terminate his performance under the present and/or other agreements with Buyer, without Buyer being entitled to compensation or termination of the agreement and without prejudice to Seller’s right to full compensation from Buyer for any loss, loss of profit and further consequential damage.
The Seller is at all times entitled to demand that the Buyer provides sufficient security for the payment of the performance to be carried out by the Seller, in a manner to be indicated by the Seller.
Complaints and/or warranty claims that have been dealt with shall not entitle the Buyer to defer payment or partial payment.

Retention of title and pledge

Seller explicitly reserves ownership of delivered goods until full payment, including payment of all costs and interest, also of earlier and later deliveries and services rendered, as well as claims for damages due to non-compliance, has been made. general terms and conditions of delivery and payment Test it @ home.
Buyer is not free to alienate, rent out, give in use or move outside his company, to pawn or otherwise encumber the goods without written permission from Seller.
The Buyer undertakes to make the goods available to the Seller at the Seller’s first request, and hereby irrevocably authorizes the Seller or persons to be appointed by the Seller to inspect the place where the goods are stored and to forward them to the Buyer. The Buyer undertakes to place the goods at the Seller’s disposal at the Buyer’s first request, and hereby irrevocably authorizes the Seller or persons to be appointed by the Seller to enter the place where the goods are located in order to take possession of the goods.
In accordance with the provisions under 1, the Seller shall transfer ownership of the said goods to the Buyer at the time that the Buyer has fulfilled all its obligations, but subject to the Seller’s pledge for the benefit of the Buyer. Seller’s pledge on behalf of other claims which Seller has on Buyer. At the Seller’s first request, the Buyer shall cooperate with the actions required in this regard, under penalty of a fine of € 500 for each day that the Buyer fails to do so.
Goods or parts thereof which are replaced as a result of a repair order or guarantee shall thereby become or remain the property of the Seller until full payment of all sums due from the Buyer to the Seller has taken place. Unless explicitly stated otherwise, the right of use shall always apply to the purchase of tests. The Buyer shall never be entitled to resell tests to third parties.
Payments made by the Buyer always serve as payment of the interest and costs due and subsequently the longest outstanding invoices, even if the Buyer states that the payment relates to a later invoice.

Complaints

Complaints in general and complaints about invoices must be submitted to the Seller in writing with a proper description of the complaint within eight days of receipt of the goods or invoices, or within eight days of any defect in the goods being discovered or should have been discovered. After the expiry of this period, the Seller shall be deemed to have fulfilled its obligations correctly, and it shall be assumed that the Buyer recognizes the goods and/or invoices as correct.
Complaints shall never entitle Buyer to suspend his payments.
If a complaint is found to be justified by Seller, Seller will be entitled, at its discretion revise the invoice and change the invoice amount accordingly;
replace the goods delivered with an item with the same specifications or repair them, whereby the replaced items or parts will be handed over to Seller;
take back the goods delivered and rescind the agreement, refunding the invoice amount paid by the Buyer without being obliged to pay any compensation
Complaints regarding goods included in a partial shipment do not affect previous and subsequent partial shipments that are part of the same order.
Minor deviations common in the trade or technically unavoidable differences in quality, color, size or finish shall not constitute grounds for complaint.
The Buyer must give the Seller the opportunity to repair any defects without delay.
Any return of goods to or from the Buyer shall take place at the expense and risk of the Buyer. Seller shall accept returned goods only if and in so far as it agrees to this return in writing in advance, and then only if these goods are delivered to the address to be provided by Seller in the original packaging and in the condition in which Seller delivered these goods to Buyer.
Tests of which the seal has been broken may never be returned.

Warranty

The Seller warrants the quality of the services rendered to the best of his knowledge and ability and the soundness and good quality of the goods delivered by him, on the understanding that the warranty does not extend beyond the provisions below.
A repair is covered by a three-month guarantee. A guarantee on delivered goods shall only be given if this has been agreed upon in writing beforehand and only in the event that guarantee provisions of the supplier apply.
If the Buyer has instructed the Seller to carry out repairs and has not collected the item handed in for repair within three months of the date of issue, against payment of the amount due for examination or repair, the Buyer shall be deemed to have abandoned the item handed in for repair on behalf of the Seller. The Buyer shall then indemnify the Seller against all third-party claims relating to this item.
Any faults, defects or shortcomings demonstrated by the Buyer within the warranty period and attributable to the Seller – as far as covered by the warranty referred to in this Article – shall be repaired as soon as possible, replaced or taken back against crediting at the Seller’s expense.
Neither on assembled products and parts nor on consumables does the Vendor give any guarantee, unless a guarantee has been expressly agreed in writing.
The Buyer shall deliver items eligible for replacement or repair at its own risk to the address to be provided by the Seller, at the expense of the Buyer, quoting a reference number to be requested from the Seller.
The provisions of these terms and conditions shall apply to goods with a guarantee certificate enclosed by parties other than the Seller, insofar as they deviate from the provisions of these terms and conditions.
The Buyer may not invoke the guarantee provisions if
The Buyer has neglected the goods;
The Buyer has made changes to the goods or had changes made, including repairs not made by or on behalf of the Seller;
In the event of injudicious or careless use, incorrect connection, incorrect mains voltage, lightning strike, damage caused by moisture or other external causes or calamities.
The device has not been maintained in the usual manner or as described in the operating instructions.
The device is used with unsuitable or incorrect accessories.
If the Buyer has treated the goods negligently in any other way.

Trademark

The manufacturer’s or trademarks or the type or identification numbers or signs applied to the goods delivered by the Seller may not be removed, damaged or altered.

Liability limitation

The Seller’s liability for all direct costs and direct damage, in any way connected with or caused by an error or shortcoming in the goods delivered shall at all times be limited to the net invoice amount for the goods delivered.
The Seller shall never be liable for all indirect costs and indirect damage, in any way connected with or caused by an error or shortcoming in the goods delivered.
The Seller and the other party indemnify each other against all third-party claims for compensation of damage or otherwise, which are directly or indirectly, mediately or directly related to the with the execution of the agreement between the Seller and the other party.

Force majeure

If and insofar as the Seller is unable to fulfil its obligations under the contract, or is unable to do so in full or in time, due to force majeure, it shall be entitled to dissolve the relevant contract without judicial intervention and without being liable for compensation, or to suspend the obligations under the relevant contract for a reasonable period to be determined by the Seller.
Force majeure shall include: any unforeseeable stagnation in the normal course of business in the company of the Seller or in the company of a third party from whom the Seller procures goods, as well as apparent changes since the conclusion of the agreement in the actual circumstances which directly or indirectly affect the cost price factors or delivery difficulties.
The other party shall be notified by the seller of a case of force majeure as soon as possible and shall be provided with the necessary documentary evidence.

Dissolution

If the Buyer fails to meet its obligations vis-à-vis the Seller or to meet them on time or adequately, and also if its bankruptcy is/is filed for, if it is declared bankrupt, if it applies for a suspension of payments, or if it offers its creditors or any of them an arrangement or a composition, furthermore in the event of attachment of its assets or any part thereof, or if he proceeds to sell or liquidate his company, as well as in the event of his death, placement under guardianship or if he loses the management or leadership of his company, goods or part thereof in any other way, the Buyer shall be in default by operation of law and any claim that the Seller has or acquires against him shall be immediately due and payable in one go without any notice of default being required.
In the cases referred to under 1, the Seller shall be entitled, without any notice of default being required, to suspend further implementation of the agreement or to dissolve it in whole or in part.
The Seller shall be entitled at all times to claim damages from the Buyer and to take back the goods delivered.
In the event that the Buyer wishes to dissolve the agreement, he shall at all times first declare the Seller in default in writing and grant the latter a reasonable period in which to fulfil his obligations or remedy shortcomings, which shortcomings the Buyer shall describe in detail in writing.
The Buyer shall not be entitled to dissolve the contract in whole or in part or to suspend his obligations if he was already in default of fulfilling his obligations.
In the event of partial dissolution, the Buyer cannot claim reversal of any performance already carried out by the Seller, and the Seller is fully entitled to payment for the performance already carried out by him.

Applicable law/competent court

All agreements are subject to Dutch law.
Disputes arising from an agreement between the Seller and the Buyer, which cannot be resolved by mutual consultation, will be settled by the competent court in the district of Maastricht, unless the Seller prefers to submit the dispute to the competent court in the Buyer’s place of residence, with the exception of those disputes that fall under the jurisdiction of the subdistrict court.

Partial invalidity

If one or more provisions of an agreement between the Seller and Buyer should prove to be non-binding, the other provisions of this agreement between the parties shall remain in force.
The parties undertake to replace the non-binding provisions with such provisions which are binding and which deviate as little as possible from the non-binding provisions in the light of the object and purport of this agreement.