General Terms and Conditions of 2Service B.V. for business customers
Introduction
Below you will find the General Terms and Conditions that apply to all distance contracts you enter into with us. These terms and conditions do not apply to customers who are consumers / customers not acting in the pursuance of profession or company. Click here for the terms and conditions for consumers. The General Terms and Conditions below contain a lot of information that could be of importance to you as a customer. For this reason, please read the General Terms and Conditions carefully. Moreover, we recommend you save or print the General Terms and Conditions and store them so that you can consult them in the future.
Article 1. - Definitions
1.1 2Service: 2Service B.V., situated in Arnhem. Registered with the Chamber of Commerce Arnhem under number 66471249, acting under the name 2Service.
1.2 Customer: A legal entity / natural person acting in pursuance of a profession or company which enters into an Agreement with 2Service.
1.3 Agreement: Every Agreement between 2Service and the Customer to which these General Terms and Conditions have been declared applicable.
1.4 General Terms and Conditions: Present Conditions
1.5 Website(s): 2Service B.V.'s Websites to be consulted via http://www.mobileparts.shop and all other related subdomains.
1.6 Account: The Customer's own environment, which is made available to the Customer following registration via the Website.
Article 2. - Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all 2Service's special offers, Agreements and deliveries, unless expressly agreed otherwise in writing.
2.2 In case the Customer in his order, confirmation or notice of acceptance includes provisions or conditions that deviate from or are not included in the General Terms and Conditions, these will only be binding for 2Service if and insofar as they have expressly been accepted in writing by 2Service.
2.3 The Agreement is in Dutch.
2.4 The General Terms and Conditions do not apply to agreements made between 2Service B.V. and customers who do not act in pursuance of a profession or company. The General Terms and Conditions for consumers apply to these customers (consumers).
Article 3. - Conclusion
3.1 The Agreement is concluded on the Website(s) as soon as the Customer accepts the offer made by 2Service, the conditions attached to this by 2Service have been met and the order procedure has been completed.
3.2 If the Customer has accepted the offer electronically, 2Service shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement. The confirmation also includes the contents of the Agreement, as stored by 2Service.
3.3 It is also possible for the Customer to enter into an Agreement in a way other than via the Website(s). Should an order be made by phone, acceptancewill be confirmed immediately. If this is not the case, no Agreement exists. Should the order be placed by fax, 2Service will confirm receipt by fax.
3.4 These General Terms and Conditions apply to all other types of orders placed via the Website(s).
3.5 Should it appear upon acceptance of the Agreement or any other way of entering into the Agreement that the Customer has supplied incorrect information, 2Service retains the right to meet its obligations only after it has received the correct information.
Article. 4 - Prices and information Website
4.1 All prices mentioned on the Website and in other materials from 2Service are including VAT and other levies imposed by the government. All prices mentioned are excluding shipment costs and possible costs charged for a method of payment chosen.
4.2 The provision in 4.1 concerning VAT and other levies imposed by the government does not apply if the Customer is logged in as referred to in Article 1.2. The prices then shown are excluding VAT.
4.3 The shipment costs are included in the final total price which is shown during the Website's ordering procedure.
4.4 The information about possible shipment costs and other additional costs is provided by 2Service in a location on the Website(s) that can be easily found by the Customer and that the Customer can consult before making the decision to enter into an Agreement.
4.5 Great care has been taken in compiling the contents of the Website(s). However, 2Service cannot guarantee that all information on the Website(s) is correct and complete at all times. All prices and other information on the Website(s) and in other materials from 2Service are therefore subject to programming and typing errors.
4.6 2Service cannot be held responsible for (colour) deviations as a result of screen quality and/or screen settings.
Article 5. - Execution of agreement
5.1 2Service is entitled to involve third parties in the fulfilment of the obligations arising from the Agreement. These third parties include, but are not restricted to, post and package delivery services.
5.2 On the Website(s) it will clearly be stated in which way the delivery will take place.
5.3 The delivery periods for orders will be clearly described on the Website(s) or if no delivery period has been agreed on, products will in any case be delivered within 30 days. Should a longer period be agreed, this will be adopted as the guiding period.
5.4 The information concerning an existing delivery period and the method of delivery will be provided by 2Service in a location on the Website(s) that can be easily found by the Customer and that the Customer can consult before making the decision to enter into an Agreement.
5.5 Should 2Service not be able to deliver the products within the period agreed, it will inform the Customer of this. In this case, the Customer can agree to a new delivery date or dissolve the Agreement free of charge. In this case there is no right to compensation for damage incurred by the Customer due to any delay.
5.6 Should the products ordered no longer be available, 2Service is entitled to send a similar product to the Customer. 2Service guarantees that the specifications of the alternative delivery comply with what was originally ordered. Should the price of the alternative product be higher, the difference shall be for the account of 2Service.
5.7 As soon as the products to be delivered have been delivered to the address stated, the risk regarding these products passes to the Customer.
Article 6. - Payment
6.1 In case of ordering via the Website(s), the Customer should make payments to 2Service according to the methods of payment indicated in the order procedure on the Website(s). 2Service decides which method(s) of payment is/are available for each order. General information concerning methods of payment is also stated in a locatoin on the Website(s) that can be easily found and that the Customer can consult before making the decision to enter into an Agreement.
6.2 Should the Agreement have been reached in any way other than via the Website(s), 2Service shall inform the Customer of the method of payment.
6.3 The various methods of payment for orders placed via the Website(s), or orders that have been placed in another way, may change from time to time.
6.4 2Service is entitled to offer other methods or refrain from offering certain methods of payment. 2Service is also entitled to set further conditions for methods of payment, should 2Service deem this necessary.
6.5 In the event of late payment the Customer is, in addition to the amount owed and the interest on this, obliged to pay in full any extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies. 2Service is also entitled, if after several reminders the amounts have not yet been received, to demand any compensation and overdue payments, as well as to refrain from delivering the orders, if advance payment has been made by the Customer.
6.6 In the case of goods that have been ordered or reserved especially for the Customer, a deposit of 25% of the purchase price must be paid.
6.7 In a situation as referred to in article 6.6 occurs, the Customer should pay the full (remaining) purchase amount before the products shall be delivered.
Article. 7 - Retention of title
7.1 We reserve the right to retention of title of all goods delivered by us until the moment of payment in full of the price of all goods delivered to or to be delivered to the Customer.
Article. 8 - Cancellation and Return
8.1 Customers as referred to in these General Terms and Conditions do not retain the Right of Withdrawal as referred to in Book 7 of the Netherlands Civil Code.
8.2 Without prejudice to the provision in the first paragraph of this article, Customers have the right to return the order to 2Service within the period after receipt of the order by or on behalf of the Customer as specified in the RMA procedure.
8.3 2Service shall only accept returns that have been registered beforehand via the return form published on the Website(s).
8.4 2Service sjhall only accept undamaged and unused articles in the original, undamaged and unopened packaging.
8.5 The return procedure (see FAQ) and the periods specified in this apply as additional conditions to these General Terms and Conditions
Article 9. - Access/Account
9.1. 2Service can grant the Customer access to an Account. To that end, the Customer is given a username and a password.
9.2 Via the Account, the Customer can gain access to their own environment, in which for instance, previous orders can be consulted.
9.3 The Customer is not permitted to provide or transfer the username and password to third parties. 2Service is not responsible for misuse and may assume that a Customer who signs in using an Account at 2Service is actually the Customer. The Customer should inform 2Service if they suspect the password has come into the hands of unauthorised persons. 2Service is entitled to take effective measures in such cases.
9.4 Should 2Service realise that the login details of the Customer are known to unauthorised third parties, they will inform the Customer accordingly and take appropriate measures.
9.5 The Customer shall keep the contact information on their Account up to date and guarantees their correctness. The Customer shall immediately inform 2Service electronically of any changes in other (personal) details that are of importance for the execution of the Agreement.
9.6 The version of the relevant communication received or stored by 2Service is proof of this, unless evidence to the contrary is provided by the Customer.
Article. 10 - Liability
10.1 2Service's total liability to the Customer by reason of attributable failure in fulfilling the Agreement is restricted to the reimbursement of the maximum amount of the price stipulated for that Agreement (excluding VAT). However, under no circumstances shall the total compensation for direct damage exceed 500 Euros.
10.2 - 2Service's liability to the Customer for indirect damage, including in any case - but not limited to - consequential damage, loss of profit, loss of savings, loss of information and damage due to business stagnation, is excluded.
10.3 Besides the cases referred to in paragraph 1 of this article, 2Service has no liability to the Customer for damage compensation, regardless of what an action for compensation could be based on. However, the restrictions mentioned in article 10.1 and 10.2 shall not apply if and insofar as damage is a result of gross negligence or intention on the part of 2Service.
10.4 2Service's liability to the Customer by reason of attributable failure in fulfilling an agreement shall only arise if the Customer immediately and properly provides a written notice of default to 2Service, with a reasonable time period for remedying the failure being given, and 2Service still fails to perform its obligations after that period. The notice of default must contain as detailed description of the failure as possible, so that 2Service may respond adequately.
10.5 Any right to compensation is conditional upon the Customer notifying 2Service of the damage in writing as soon as possible, but at least within 30 days, after occurrence.
10.6 In the event of force majeure, 2Service is not obliged to compensate any damage arising at the Customer's site as a result of this.
Article. 11 - Indemnification
11.1 The Customer shall indemnify 2Service against any claims made by third parties, for any reason whatsoever, concerning damages, costs or interest, in connection with an Agreement entered into and/or Services offered by 2Service itself and/or third parties, including trademark holders of the products offered.
11.2 The previous paragraph of this article shall not apply if and in so far as the relevant damage is caused by intent or deliberate recklessness on the part of 2Service.
11.3 The Customer understands that it is not permitted to carry out any form of assembly to products bought from 2 Service. The Customer shall indemnify 2Service against any claims made by third parties, for any reason whatsoever, concerning damages, costs or interest, in connection with this prohibition.
Article. 12 - Warranty
12.1 Customers as referred to in these General Terms and Conditions shall not be entitled to the rights as referred to in Part 1, Book 7 of the Netherlands Civil Code.
12.2 Without prejudice to the provisions of the previous paragraph, as of the day of receipt of the order, the Customer has 30 days warranty on all products supplied.
12.3 Should the Customer wish to make use of this regulation, they shall immediately inform 2Service by means of the RMA procedure as published on the Website(s).
12.4 The return procedure (see FAQ) and the periods specified in this apply as additional conditions to these General Terms and Conditions
Article. 13 - Complaints
13.1 Despite efforts to provide the Customer with the best possible service, it is possible that the Customer may have a complaint about the service and/or 2Services's products. The Customer may submit a complaint to 2Service by email via the contact information below. The Customer shall receive a response to the complaint within 3 business days at the latest. This may be a definite response but also a message that your complaint needs further investigation. In the latter case, an indication will be given as to when, at the latest, the Customer can expect a definite response.
Article. 14 - Final provisions
14.1 The Agreement is governed by Dutch law.
14.2 Changes in management or legal form shall not have any affect on the Agreement.
14.3 Unless otherwise stipulated by the rules of mandatory law, all disputes arising from this Agreement will be brought before the Dutch competent court in Arnhem.
14.4 Partial nullity: Should any provision in the Agreement and/or the General Terms and Conditions prove to be invalid, this shall not in any way affect the validity of the Agreement/General Terms and Conditions as a whole. Parties shall in that case lay down (a) new provision(s) by way of replacement, which as far as is possible by law gives shape to the intent of the original Agreement and/or General Terms and Conditions.
Article. 15 - Terms and conditions of sale for all orders
15.1 All quotations and pro formas are subject to typing errors.
15.2 When you accept or pay the pro forma, you agree to the content of the pro forma in terms of part numbers, descriptions, quantities and prices.
15.3 Our transport incoterms are DAP (Delivery At Place). For transport with your own carrier, this is EXW.
15.4 2Service reserves the right to unilaterally cancel pro formas.
15.5 Pro formas are valid for a period of 14 days.
15.6 Pro formas are subject to availability.
Contact information:
2Service B.V.
Santkamp 5, 6836 BE Arnhem, NL
Trade register Arnhem 66471249
VAT (NL) 850349874 B01
Telephone: + 31 (0)88 – 2340 381
Email: [email protected]
