Terms and Conditions

www.chemx.eu
info@chemx.eu

Located:
Smederijstraat 2
4814 DB Breda
085-0606802

KVK 62891278

Table of contents:

Article 1. General

Article 2. Delivery

Article 3. Prices

Article 4. View period / right of withdrawal

Article 5. Data management

Article 6. Warranty and conformity

Article 7. Offers

Article 8. Agreement

Article 9. Images and specifications

Article 10. Force majeure

Article 11. Liability

Article 12. Retention of title

Article 13. Applicable law / competent court

Article 14. Complaints procedure

Article 15. Disputes

Article 1. General

1.1 These terms and conditions apply to all offers of chemx. The conditions are accessible to everyone and included on the chemx website. We will send you a written copy on request.

1.2 By placing an order you indicate that you are using the terms of delivery and payment. chemx reserves the right to change its delivery and / or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general or specific terms and conditions of third parties not recognized by chemx.

1.4 chemx guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

Article 2. Delivery

2.1 Delivery will take place while stocks last.

2.2 Under the rules of the distance purchase, chemx orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive the order within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.

2.3 The chemx delivery obligation will be met as soon as the goods delivered by chemx have been offered to the buyer once. In the case of home delivery, the report of the carrier, including the refusal of acceptance, serves as complete proof of the offer to deliver.

2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the specified periods.

Article 3. Prices

3.1 Prices are not increased within the duration of the offer, unless legal measures are taken make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

3.3 All prices on the site are in Euros and include 21% VAT.

Article 4. View 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 buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to chemx after this period, the purchase is a fact. Before proceeding to return, the buyer is obliged to notify chemx of this in writing within the period of 14 working days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. The goods must be returned 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 dissolution within the meaning of this paragraph expires. With due observance of the provisions of the previous sentence, chemx ensures that the full purchase amount including the calculated shipping costs is refunded to the buyer within 14 days after the receipt of the return shipment. The return of the delivered goods is entirely for the account and risk of the buyer.

4.2 The right to dissolution, as described in the previous paragraph, only has relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by chemx. For the latter services, where chemx only acts as an intermediary or agent, the general terms and conditions of said network operators will apply.

4.3 The right of withdrawal does not apply to:

1. services whose performance has begun, with the consent of the consumer, for a period of seven working days

2. goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence

3. goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character

4. for goods or services that cannot be returned due to their nature, e.g. i.v.m. hygiene or that can spoil or age quickly

5. audio and video recordings and computer software of which the consumer has broken the seal

Article 5. Data management

5.1 If you place an order with chemx, your data will be included in the chemx customer base. chemx adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

5.2 chemx respects the privacy of the users of the website and is responsible for a confidential treatment of your personal information.

5.3 chemx sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.

Article 6. Warranty and conformity

6.1 The entrepreneur guarantees that the products and / or services comply the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of conclusion of the agreement.

6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does nothing. on the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance agreement.

6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to chemx) must immediately report these defects in writing to chemx. Any defects or incorrectly delivered goods must and can be reported in writing at the latest to a maximum of 2 months after delivery to chemx. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of defects, damage arising after detection of defect, encumbrance and / or by sale after detection of defects, completely voids this right to complain and return.

6.4 If complaints from the customer are found to be justified by chemx, chemx will its choice as to whether the delivered goods are replaced free of charge or make a written arrangement with the buyer about the compensation, on the understanding that the liability of chemx and therefore the amount of compensation is always limited to at most the invoice amount of the goods in question, or (according to choice of chemx) up to the maximum amount covered by the liability insurance of chemx in the relevant case. Any liability of chemx for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.

6.5 chemx is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.

6.6 This guarantee does not apply if: A) and as long as the buyer towards chemx is defective; B) the customer has parried and / or modified the delivered goods himself or had them repaired or modified by third parties. C) the goods delivered have been exposed to abnormal circumstances or are otherwise carelessly treated or treated contrary to the instructions of chemx and / or instructions on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.

Article 7. Offers

7.1 Offers are non-binding, unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, chemx reserves the right revoke or deviate from the offer within 3 working days of receiving that acceptance.

7.3 Oral commitments only bind chemx after they have been confirmed explicitly and in writing. 

7.4 Chemx offers do not automatically apply to repeat orders.

7.5 chemx cannot be held to its offer if the customer should have been understand that the offer, or any part thereof, contains an obvious mistake or error.

7.6 Additions, changes and / or further agreements are only valid if: agreed in writing.

Article 8. Agreement

8.1 An agreement between chemx and a customer is established after an order assignment feasibility has been assessed by chemx.

8.2 chemx reserves the right to give orders or assignments without giving any reason. cannot be accepted or only accepted on condition that the shipment takes place on delivery or after prepayment.

Article 9. Images and specifications

9.1 All images; photos, drawings, etc .; data on weights, dimensions, colors, images of labels, etc. on the chemx website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.

Article 10. Force majeure

10.1 chemx is not liable if and to the extent that its commitments cannot be met fulfilled due to force majeure.

10.2 Force majeure means any strange cause, as well as any circumstance, which in reasonably should not be at her risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of chemx as well as auxiliaries, illness of personnel, defects in aids or means of transport are expressly considered as force majeure.

10.3 in the event of force majeure, chemx reserves the right to fulfill its obligations to to suspend the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. In no case is chemx obliged to pay any fine or compensation.

10.4 If chemx already partially fulfills its obligations upon the commencement of the force majeure has been met, or can only partially meet its obligations, it is entitled to separately invoice the already delivered or deliverable part and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 11. Liability

11.1 chemx is not liable for damage to vehicles or other objects caused by misuse of the products. Before use, read the instructions on the package and / or consult our website.

11.2 Applying the products supplied by us, or via one of our resellers, is at your own risk, regardless of whether or not existing legal provisions in the EU. The product must be used correctly in accordance with the regulation. neither chemx nor the reseller can be held liable in any way for direct or indirect damage resulting from the use of one of our products.

Article 12. Retention of title

12.1 Ownership of all goods sold and delivered by chemx to the customer remains with chemx as long as the buyer has not paid the claims of chemx under the agreement or earlier or later similar agreements, as long as the buyer has not yet paid the work performed or to be performed under these or similar agreements and as long as the buyer has paid the claims of chemx has not yet paid due to a breach of such obligations, including claims with regard to fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.

12.2 The goods delivered by chemx that fall under the retention of title may only be included in the within the framework of normal business operations and are never used as a means of payment.

12.3 The buyer is not authorized to pledge the items subject to retention of title nor in any other way.

12.4 The customer already gives unconditional and irrevocable permission to chemx or a by appoint chemx to a third party, in all cases where chemx wishes to exercise its property rights, to enter all those places where its property will then be and to take those things there.

12.5 If third parties seize the goods delivered under retention of title or rights thereto to establish or assert, the buyer is obliged to inform chemx of this as soon as can reasonably be expected.

12.6 The buyer undertakes to insure and insure the goods delivered under retention of title. against fire, explosion and water damage as well as against theft and the policy of this insurance upon first request for inspection by chemx.

Article 13. Applicable law / competent court

13.1 The law of s applies to all agreements.

13.2 Disputes arising from an agreement between chemx and buyer that are not can be resolved in mutual consultation, the competent court within the Arnhem district takes cognizance, unless chemx prefers to submit the difference to the competent court of the purchaser's place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court judge.

Article 14 - Complaints

The entrepreneur has a well-publicized complaints and deals with complaints under this complaints procedure.

Complaints about the implementation of the agreement must be fully and clearly described within 7 days be submitted to the entrepreneur after the consumer has found the defects.

Complaints submitted to the entrepreneur will be calculated within a period of 14 days from the date of receipt answered. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be solved in mutual consultation, a dispute arises that is susceptible is for the dispute settlement.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has written otherwise.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will go to her choice of whether the delivered products are replaced or repaired free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, s law applies exclusively. Even if the consumer is living abroad.

The Vienna Sales Convention does not apply.